Solicitor trying to make sale fall through??

Takemetothepub

Hi everyone, I’d like your thoughts.

We have been trying to buy a house for the last seven months and are now at the point of exchanging for a completion date of the 28th of this month (two and a bit weeks away).

The problem we now face is we have been trying to exchange every day for the last week.

Our seller’s solicitor says they are waiting for Santander to fax over a document saying there is no mortgage on the house they are selling.

Fair enough, but every day they say the same thing.
Santander have told us themselves this is normally done within’ the hour, no way would it take this long, someone is fibbing.

Our seller’s solicitor knows the chain is already at the point of collapse due to it taking so long, and the house we are buying is now worth a lot more than seven months ago. We feel they are deliberately trying to get the sale to fall through with the intention of them coming up with another buyer (themselves or someone they know) at the same price who can complete right away.

Are we paranoid or could this really be happening?

Thanks

kazwookie

Get Santander to email you the documnet if they will, and you take it to the solicitors.

After 7 months I would have walked by now

Good luck with it all

notrich

My solicitor simply rang the Halifax for this confirmation. Was done in 5 minutes.

Thrugelmir

Takemetothepub wrote: »

someone is fibbing.

Or your seller has issues in redeeming the mortgage.

Mobeer

Before exchange of contracts, there's no need for a buyer or seller to need a solicitor to try to make things fall through; they can just back out themselves without needing any justification.

Perhaps things are just progressing slowly; their solicitor maybe thinks that if everyone has waited 7 months to exchange, what harm does a few more days make.

You either need to press the issue with a deadline to exchange (and accept everything could fall through), or just wait and wait. Glad I'm not in involved in a decision like that.

Takemetothepub

kazwookie wrote: »

Get Santander to email you the documnet if they will, and you take it to the solicitors.

After 7 months I would have walked by now

Good luck with it all

Thanks but as I have no legal right to the property they wont give me anything.

Mobeer wrote: »

Before exchange of contracts, there's no need for a buyer or seller to need a solicitor to try to make things fall through; they can just back out themselves without needing any justification.

The solicitor is acting on behalf of two brothers, one in Australia and one in the property, the one in the property is not of sound mind and the solicitor is the legal guardian.
We are worried they are stalling for their own gain only to "Save the day" by coming up with a new buyer at the last moment that the Australian brother will be happy about.

loubel

Takemetothepub wrote: »

The problem we now face is we have been trying to exchange every day for the last week.

Our seller’s solicitor says they are waiting for Santander to fax over a document saying there is no mortgage on the house they are selling.

[...]

Are we paranoid or could this really be happening?

Yes, this could really be happening. If the sellers have paid off their mortgage but the Charge hasn't been removed from the Title then the sellers need to sort this before committing to sell the property. Sometimes this can take a while, depending on the reason why the Charge wasn't removed at the time.

stressedcurlyz

loubel wrote: »

Yes, this could really be happening. If the sellers have paid off their mortgage but the Charge hasn't been removed from the Title then the sellers need to sort this before committing to sell the property. Sometimes this can take a while, depending on the reason why the Charge wasn't removed at the time.

I'm having this problem at the moment. My seller paid off the mortgage in June but the charge hasn't been removed from the title so now waiting while it gets sorted. It's been a week already.

Takemetothepub

loubel

stressedcurlyz

Thanks guys, this does put my mind at ease a little :beer:

Catti

If the mortgage was paid off some time ago, it may have remained in place for a 'deed safe' scheme - where the Lender continues to hold the deeds in the hope you would find it easier to go back to the same Lender if you wanted to borrow more money.

Unfortunately, Santander have taken over from a lot of different lenders, and their computers don't seem too good at coping with all of them. It may therefore take some time for them to track records through one of the companies they have taken on.

Bantex_2

Takemetothepub wrote: »

Thanks but as I have no legal right to the property they wont give me anything.



The solicitor is acting on behalf of two brothers, one in Australia and one in the property, the one in the property is not of sound mind and the solicitor is the legal guardian.
We are worried they are stalling for their own gain only to "Save the day" by coming up with a new buyer at the last moment that the Australian brother will be happy about.

Sounds like there could be issues over vacant possession.