Ready to exchange - solicitor has messed up :(

Basil_Hume

Hello

We had an offer of £227k accepted on a house last month. We're FTB'ers and the house is empty, so things have progressed smoothly: survey good, seraches fine etc.

My partner is paying £167k from savings; I'm paying £60k via a mortgage (in my sole name). Our tenants-in-common agreement - as sent to the solicitor - makes clear a 75:25 split. All correspondence this far has been in joint names. for this joint purchase

On Wednesday our solicitors sent me the purchase contract. Sadly, it was a) addressed only me to and b) had my partner's name crossed out on it! They also sent my partner a letter, saying the solicitors were acting on my behalf and asked her to sign the waiver of rights in favour of the mortgage company (I think she'd need to sign this anyway).

I rang the solicitor, who understood what she'd done wrong, but said she was now going on holiday for a fortnight and would hand over the case! She also said she'd need to check that the mortgage company know Lucy is a joint purchaser. I'm not a happpy bunny: it's been clear from mortgage application, thorugh tenants-in-common etc that we are joint purchasers.

Just wondering if there was anything I can do to speed things up? Or will we have to wait several more weeks due to this mess-up?

WestonDave

Phone the firm and ask to speak to the head of department - be very nice and explain that there has been an error made as above and would that person be able to take a personal interest in the file to make sure that the situation is rectified as soon as possible to avoid you having to make a formal complaint. Going this method its best to sound as reasonable and understanding (mistakes happen etc) whilst being clear that you are giving them one final chance to sort this out asap.

I'd imagine that a seasoned conveyancer should be able to exchange faxes with the mortgage co, and get the contract changed very quickly so the delay should be kept to a minimum.

If you don't like the attitude you get just ask to speak to the complaints partner - that'll make them smarten their act up!

Edited to add - I can see one potential issue here - you have ownership of only 25% which of £227k is less than the £60k you are borrowing so there would need to be some agreement from your partner to cover any mortgage shortfall!

benood

I don't think this sounds that bad - you need to keep on your solicitor's case - if you were hoping to be in before Christmas then make that known and keep calling daily or more often if necessary to keep your file at the top of the pile!

chivers1977

some mortgage lenders Woolwich for one will not allow you to do this. They will want the same names on the mortgage as on the title.... Have you checked with your adviser that this is OK

ginandtonic1988

Names on contracts can be changed manually I wouldn't worry about that part. Check your mortgage offer has this been completed in both names cause that is the part that will take the longest to get altered not a contract. As chivers1977 says both the contract and the title deed both need to be in the same names.