Are solicitors able to hold money after sale completions

CKNIGHT78

I am in a very lengthy house sale process of what was my old matrimonial home. Both myself and my buyer are in a position to exchange and complete but my Solicitors are refusing to do this until they have my ex husbands certified ID documents. Is it not possible for Solicitors to hold his share until he has provided the required information rather then holding the whole sale up? I am now risking loosing my buyer and the sale which in turn will allow the mortgage company to repossess the property. Is there nothing that can be done to complete this sale without the documents from the ex husband as he is holding everything up and risking the sale?

Dan-Dan

CKNIGHT78 wrote: »

I am in a very lengthy house sale process of what was my old matrimonial home. Both myself and my buyer are in a position to exchange and complete but my Solicitors are refusing to do this until they have my ex husbands certified ID documents. Is it not possible for Solicitors to hold his share until he has provided the required information rather then holding the whole sale up? I am now risking loosing my buyer and the sale which in turn will allow the mortgage company to repossess the property. Is there nothing that can be done to complete this sale without the documents from the ex husband as he is holding everything up and risking the sale?

What happens if your solicitors exchange and your husband turns out not to be the person he was supposed to be?

davidmcn

In short, no. Solicitors have a requirement to check the ID of their clients before they do any material work on their behalf, so if they're still waiting for your husband to provide that information they can't get involved with exchanging contracts etc.

CKNIGHT78

There are court orders involved in the sale. One stating i have conduct of the sale on behalf of both parties with the exclusion of the ex husband then I had to get another order giving a director of my soliciotors is hereby authorised to execute any contract, conveyance or transfer deed in respect
of the ex husband.

CKNIGHT78

It is ridiculous that I have to wait and risk the loss of the sale because the ex husband is not prepared to supply the documents.

TBagpuss

The problem is that solicitors are expoected to carry out ID checks as part of anti-money laundering regualations and can be criminal liable if they fail to do so and there is something dodgy.

Obviosuly from their perspective, it is not appropriate to risk that.

You could ask to speak to the firm's Money Laundering reporting Officer to see whether they can make anexception in the circumstnaces and in light of the court orders - unfortuantely as the Court doesn't (and is not required to) make any specific ID checks the court orders would not in themselves be evidence of his ID.

However, the MLRO might have the discretion to allow the transction to proceed. Did your Husband compelte a Form E? If he provided bank statements etc them they may be able to accept these as proofs, if they are not too out of date.

TBagpuss

Is the conveyancing being done by the same firm as the divorce? If so, speak to the person who dealt with your divorce about the issue.

CKNIGHT78

The conveyancing is not being done by the same solicitors as I represented myself when obtaining both above mentioned court orders.

CKNIGHT78

Thank you for your responses, it seems little point me making the applications to court and getting the orders if the ex husband can again hold up or jeopardize the sale of the property at this late stage in the process. The orders were put in place because he disrupted the sale for 2 years by not allowing the estate agent access to the property even though the original court order stipulated that the property was to be sold. Do court orders stand for nothing?!?!

AnotherJoe

CKNIGHT78 wrote: »

The conveyancing is not being done by the same solicitors as I represented myself when obtaining both above mentioned court orders.

Seems like a false economy or you've chosen useless conveyencers.

What did they say when you showed these court orders to them?

You might need to go back to the court again if they dont think they are sufficient.

marksoton

CKNIGHT78 wrote: »

Thank you for your responses, it seems little point me making the applications to court and getting the orders if the ex husband can again hold up or jeopardize the sale of the property at this late stage in the process. The orders were put in place because he disrupted the sale for 2 years by not allowing the estate agent access to the property even though the original court order stipulated that the property was to be sold. Do court orders stand for nothing?!?!

Of course they do, but you need to get them enforced....