Un-registered House with Deeds lost by Solicitors

R26_bailey

Good evening,
I’m not sure if anyone will be able to help but got everything crossed. My Nan recently passed away leaving her property behind to my mum and aunt. Following probate and Letters of administration, they’ve now come against the brick wall of lost deeds for the property. They have records that the deeds were given to the solicitor in 1996 with their names and the property name on a letter receipt from the solicitor. Sadly since then, the solicitor has gone pop as has the people who took over that solicitor with no record of where the deeds ended up. My mother’s solicitor has told her that her only option is to apply to land registry as a first time registration for possession and then wait 13 years until they can apply for absolute ownership. As my mother is at retirement age with no retirement money, this was something she was looking to to support her. Is there anything further we can do to try and figure out what happened to the deeds or any other way we can apply for absolute ownership so that the property can be sold? 

Thank you in advance,
Rebecca

davidmcn

Sounds like you've already been in touch with the people who'd have the best idea of where the deeds went (what does "gone pop" mean here?).

As for registration, isn't it possible to sell backed up with a title indemnity policy?

R26_bailey

Apologies, by gone pop means they’re no longer trading and haven’t been for some time with no traces on who to contact for issues

greatcrested

Strange that the deeds were given to a solicitor in 1996. There must have been a reason why, and if it was a purchase, mortgage or other transaction on the property that would have triggered compulsory 1st registration.

I suppose there is no chance there's been a mistake and in fact it IS registered?

Unlikely from what you say but...

A property can be registered without the deeds, with the Title being 'Possessory'. The property can be sold as such. But

a) the sale price may have to be lowered and/or

b) an indemnity insurance policy taken out to protect the buyer in the event of someone else later claiming ownership

See

https://www.gov.uk/government/publications/upgrading-the-class-of-title/practice-guide-42-upgrading-the-class-of-title

Owain_Moneysaver

The Solicitors Regulation Authority should have a record of every closed firm and who took over the files.
The Law Society Library keeps The Law Society’s Directory of Solicitors and Barristers and may be able to trace the career history of an individual solicitor. This service may only be available to members, so you might need to instruct a solicitor to carry out the research for you. 
Between them, you should have a fair chance of at least finding the firm who took over the files. Whether the files still exist is another matter, of course... 

FreeBear

Owain_Moneysaver said: Between them, you should have a fair chance of at least finding the firm who took over the files. Whether the files still exist is another matter, of course... 

I was in a similar position a few years back. Various family solicitors merging with larger ones, etc. Eventually tracked the deeds down to an archive in Cambridge. A very helpful young lady posted the whole bundle to me (RM Special Delivery) free of charge.