errors in title deeds

peter_uk

Hi there,

I hope someone can help me with some questions. I am/was about to buy my first property as it turns out it was a repossession and the seller is Leeds building society. I put in an offer it was accepted and everything was going ok as I was supposed to complete everything this Friday the 19th.

Then I get a call from my solicitor saying that there is loads of errors in the paper work he received from Leeds. I had known there were errors in it before but I thought they would have been sorted out by now as my first appointment with my solicitor he thought I was purchasing a flat where in fact its a end terraced bungalow (according to home report).

So yesterday my solicitor said that completion would now be weeks away and has sent Leeds amended papers. Today I got another phone call saying that Leeds were not going to fix any of the paper work or the title deeds and to either take it or leave it. To which he said that unless its fixed we can't buy the property.

I have an appointment with my solicitor tomorrow to discuss this but looking to find out further information before I go.

thanks

peter.

Doozergirl

We'd need to know what the problems were to even help. There is indemnity insurance that will cover against certain things but your solicitor will know best.

If it's not an option to buy indemnity insurance, it's not a good choice to buy the property. If you're buying with a mortgage yourself, the mortgage compnay will make that decision for you.

Maybe see if it's something that you could fix yourself at a later date in return for a reduction? Though if your solicitor isn't hopeful, I'd be inclined not to be also. You'll have to work out how the previous occupants manged to get a mortgage themselves

peter_uk

After meeting today I have now been informed of the actual problems in the paper work.
When the previous occupier took out a mortgage he said he was single but infact has has a wife. Making the security of the property invalid.

And then the solicitors working for Leeds worded the court decree as one would have been pre 1997 (Bank of Scotland vs Fernand) so the court decree mentions no right to sell only to evict. And take possession.
My solicitor also phoned the Land Registry to see if they would register the property to me to which they said they were not happy with the documentation and agreed that there was a problem so the case would have to be reviewed and would not commit to a yes, no answer.

Once again he is going to ask Leeds if they will redo the court decree. What are the chances of Leeds actually fixing the paperwork and what time frame would i be looking at.

thanks

Peter

Doozergirl

They have to fix it. It's not really the title deeds, it sounds like they haven't taken proper legal possession of the property.

If they want to sell it they have to fix it. That's why the Land Registry won't transfer ownership to you, nor anybody else.

there's a real life solicitor over here most days, where's he gone? Richard!

clutton_2

let your solicitor sort this out for you - that is what you pay him for. if the paperwork is not sorted now, you will not be able to sell it on in due course.

silvercar

Sounds like the problems are all concerned with Leeds right to sell the property. Once this is sorted the deeds will be fine for your lender.

You have to wait for Leeds to sort their mess out, or you could find the wife of the repossessed guy having a claim to ownership in years to come.

Problem for you is that this could all take time.