URGENT: No NHBC on repo home i'm trying to buy.

KH11981

Hi All, I pray someone can help me with this.

I am due to move into my first home this Friday however got a call today saying there is a problem. There is no nhbc registration to be found on the property. It is a flat and other flats in the same building seem to have theirs but mysteriously the one I want is missing. My solicitor has contacted NHBC and Zurich but there is no record of the property being registered with them.

They even contacted the previous owners solicoitor but they can't fin the record of it either. The flat is around 5 years old so someone at some point has had a mortgage with the certificate you would think.

Anyway as a last throw of the dice my solicitor has contacted the builders by fax to see if they can supply anything.

Without this I will not be able to get my mortgage. Does anyone know of any alternatives?

I would even pay for a full structural survey if that would help. As it's a reposession there is no seller to contact.

I was really excited about my move on Friday but now it looks likely to collapse at the last minute.

If anyone can help me I will be eternally grateful.

Kieran

Milliewilly

If the flat is only 5 years old then there should be some guarantee - can you find out from others in the same block?

If your solicitor has contacted NHBC and Zurich then there probably isn't a guarantee with them as they keep records but there may be an architects certificate or similar?

You need to speak to your lender as some will only accept and NHBC or Zurich certificate anyway.

withabix

The lender who repossessed the property should be able to confirm the existence of NHBC or Architects Certificate for the property.

Milliewilly

If the other flats have theirs try to get a copy and quote the policy ref to to NHBC / Zurich and see if they can correlate to yours? One flat wouldn't be missed off!

KH11981

The solicitor is also dealing with a flat next door in the same block and they are NHBC registered. So no one can understand why we are not. It's a bit of a mystery.

I heard Natwest (who my mortgage is with) might accept an architects certificate and completion documents. However I don't know where to start in getting these. First time buyer so all new to me.

As I said you'd think the last owner would have had to get one to get their mortgage. As it's a repo I know they had a mortgage. I'm hoping the builders can do something tomorrow but my solicitor isn't hopeful. Getting pretty upset about it all.

Milliewilly

KH11981 wrote: »

The solicitor is also dealing with a flat next door in the same block and they are NHBC registered. So no one can understand why we are not. It's a bit of a mystery.

I heard Natwest (who my mortgage is with) might accept an architects certificate and completion documents. However I don't know where to start in getting these. First time buyer so all new to me.

As I said you'd think the last owner would have had to get one to get their mortgage. As it's a repo I know they had a mortgage. I'm hoping the builders can do something tomorrow but my solicitor isn't hopeful. Getting pretty upset about it all.

A glimmer of hope - my sister bought a repo in April last year that had no NHBC certificate and her mortgage with natwest (all in one) went through without a hitch.

KH11981

Milliwilly, that sounds promising. Do you know if she had any other documentation? Such as architects report, consultant certificate or similar?

If I paid for a full structural survey is that not acceptable to then get indemnity insurance on?

timmyt

ignore all replies.

your lawyer needs to report to the lender immediately for instruction. problem is that other flats have one. try and have NHBC trace why this flat amoung rhe building does not have a certificate. probably because the first buyer failed to 'accept' the offer made to them by the builder...and no one has 'accepted' it since.

you won't be completing any time soon, if the lender is not prepared to take a view, as the lawyer is not allowed to complete without th certificate. He is bound by CML Handbook.

Sorry.

My question - how on earth has the lawyer left it so late to discover this!!!! Would have been my first question.

KH11981

Who knows, She called last week and said there might be a small problem with it not being available but said she'd get an indemnity report and that would be fine.

However when she called today she said that there isn't one to be found and an indemnity is no longer a possibility.

I'm hoping for a miracle and that Natwest accept something else. I'll do almost anything even if it means paying for some sort of insurance cover myself for the next 5 years.

I'm going to call the buildrs myself tomorrow and try get the architects name to see if I can get an architect's certificate as i've heard this can sometimes be used in the absence of an NHBC.

I know some small homebuilders are not NHBC registered so there must be an alternative that my lender will accept. I've just got a feeling i'm going to lose this property. However it means that unless anyone has the full cash price it will never sell as no one will get a mortgage on it for the next 5 years.

chappers

As has been said if next door has a cert there is no real reason why yours shouldn't.Attack this from both sides get onto the builders and and NHBC again.
Not sure if you will get an architects cert as he wasn't initially engaged to do that and so may not have paid much attention to the finer details of the construction.

timmyt

architects wont be foirthcoming as it is a prescribed certificate confirming her was there are various regular inspections.

there is no legal indemnity for absence of new build warranty, all good lawyers know that. Nor do lenders accept any if you could.

NHBC need to be clerear what the problem is...you call them, google their website....but the certificate will not be fast.

Possible solution - you have exchnaged right? NO related sale? Exchnage conditional on production of NHBC, if the Sellers would allow you to move in under licence (conveyancing contracts allow this). If you pay 10% deposit. Your lawyer (god I hope you have a solicitor acting as anyone else will now be floundering for you as this is exactly why people should employ solicitors as they have the skills/depth of training to work out a solution) can advise, but do not let them fob you off, they must at least ask the Selling lawyers....your lawyer has already been slow at spotting the error.

[for one horrible moment I wonder if you have exchnaged....you must have if you are moving in on Friday....if you have, then this is a massive negligence mistake by your lawyer and he needs to advise you to take independent legal advice immediately...fingers crossed you have not exchanged...as when Friday comes and you dont complete, the Seller will give you 10[or less]working days notice to complete and then you lose your deposit - among other serious compensation you will have to pay]

Keep us posted how you get on.