Solicitor not telling us everything

1trainer1

Just found out yesterday that our seller doesnt have the deeds to the house as they are still with bank,

we didnt realise this until we got a new mortgage offer as our offer was running out and the solicitor told us we wouldnt be able to exchange this month but would be within the first week of nezt month.

yesterday we chased with the estate agent and was told the seller is still waiting for the deeds to the house (house been on sale for over 6 months), our solicitor didnt tell us this all they told us that they are waiting for paperwork but no idea what paperwork.

now everytime we ring the estate agent they say they will chase but it is out of their hands as they are still waiting for the owner.

We are now thinking of giving up and looking for a different house as we are fed up but we have given notice on our flat we are renting and the landlord has found someone else so we are going to be homeless.

what can we do???

DVardysShadow

1trainer1 wrote: »

... what can we do???

Start looking for a rental, or negotiate to stay where you are.

What you are being told about the deeds being with the bank is in literal terms probably total rubbish, because deeds are superseded by Land Registry records. The message is fairly clear. The sellers will not be able to raise enough money to clear all the debt they have raised on the house.

This could be sorted quickly or may be you will see the house come up as a repo in due course, but having put yourself out of your current place you need to sort something else fairly quickly, which given the time scales, will need to be a rental again. I suggest that you give up on this one as you have cut yourself off from the accommodation and the flexibility you need to be able to sit this one out patiently - unless you can negotiate to stay.

1trainer1

DVardysShadow wrote: »

What you are being told about the deeds being with the bank is in literal terms probably total rubbish, because deeds are superseded by Land Registry records.

Thanks, We are looking for somewhere to rent asap or might have to move in with friends or family as our landlord has found someone to stay in our rented flat

Thats what was confusing us as they are selling the house and I thought the estate agent would have checked to make sure everything was fine.

The sellers mother lived in the property and has since died, hence why they are selling the property, which is also why I am not sure if they are telling the truth or not and I am beginning to have doubts.

We have checked and the property is not registered with the land registry hence why the deeds are needed

zzzLazyDaisy

1trainer1 wrote: »

We have checked and the property is not registered with the land registry hence why the deeds are needed

This shouldn't normally slow things down too much, but if the deeds are lost, or with someone who is not responding to requests to provide the deeds, it can turn into a nightmare. The good thing is that this can only happen once - since the next time the property is sold it is subject to compulsory registration with the land registry. The bad news is that doesn't help you, as you are the ones caught in the cross fire.

The only thing you can do is to continue to press the agent and the solicitor at every opportunity to push the seller to obtain the deeds and progress the sale.

DVardysShadow

1trainer1 wrote: »

Thanks, We are looking for somewhere to rent asap or might have to move in with friends or family as our landlord has found someone to stay in our rented flat

Thats what was confusing us as they are selling the house and I thought the estate agent would have checked to make sure everything was fine.

The sellers mother lived in the property and has since died, hence why they are selling the property, which is also why I am not sure if they are telling the truth or not and I am beginning to have doubts.

We have checked and the property is not registered with the land registry hence why the deeds are needed

Estate Agents rarely if ever check deeds. This is the job of your solicitor to check on your behalf and the seller's solicitor to answer to your solicitor

OK, given the circumstances of the sale, the property is likely to be on old style deeds. Which means that the deeds may well be with the bank for 'safe keeping' - so safe that they will never see the light of day again, possibly.

And your purchase will be a 'probate sale' - worth searching the forum for threads on this subject. Basically, more so than with an ordinary purchase, you cannot rely on timescales until you have exchanged contracts. If you cannot negotiate to stay where you are, you need to plan for an indefinite stay with friends and family.

And the lesson for anyone else approaching this sort of situation is never to give notice on a rental if you are buying until contracts are exchanged. It may cost an extra month's rent, but compared to the hassle of finding temporary accommodation, it is money well spent.

1trainer1

Thanks, we are going to keep hassling the estate agent and the solicitor but am disillusioned at the moment as it is stressing us out.

We love the house and want it but are now having doubts but as we have nowhere to go we are not sure on our next step in either keep on persevering or pulling out totally and moving on to somewhere else

Richard_Webster

Possibly the bank won't release the deeds until they see a grant of probate. Has this been applied for?

1trainer1

Richard_Webster wrote: »

Possibly the bank won't release the deeds until they see a grant of probate. Has this been applied for?

not sure, went to estate agent today morning and sat down with them and explained our frustration to them, they rang the seller and he was very dangry with his solicitor as he didnt know of the problem until we notified estate agent.

Seller has advised he will do all he can to get this completeed before we move as he wants to sell (which is very positive)....

Estate agent is contacting both solicitors and will get back to us later on today to give us an update...

waiting and not knowing is the most annoying thing

1trainer1

Spoke to The Estate Agent who has advised that the bank have sent the deeds recorded delivery to the vendor today and the vendor should recieve them tommorow, she also advised that the vendor has promised to take them to his solicitor tommrow.

Spoke to my solicitor who adv the will get a draft contract ready for me tommrow and will ring me tommorow morning.

I have told the estate agent if it is not completed and exchanged in two weeks then to not bother as soon as the 13th April comes and I dont have keys in my hand I am pulling out.