Lost Title Deeds - selling a property (probate)

user1977

rose_T said:

We are buying a property in Scotland, we are now into the 15th month. Waited 9mth for confirmation was due to complete end of July but problems came. 

1st problem lost deeds, house was not on the register of Scotland website so couldn’t view them and executors didn’t know where the deeds were. Scotland has 2 registers online which everyone is gradually moving across to and the sasine register pre online. The property was registered to sasine and we managed to get a copy of deeds.  

The main difference from England being that in Scotland, "unregistered" just means not on the current Land Register - the older deeds are in fact archived in the Sasines register and copies are readily available. Not a big deal at all. Whereas in England & Wales, if the deeds are lost, they're lost.

rose_T

user1977 said:

rose_T said:

We are buying a property in Scotland, we are now into the 15th month. Waited 9mth for confirmation was due to complete end of July but problems came. 

1st problem lost deeds, house was not on the register of Scotland website so couldn’t view them and executors didn’t know where the deeds were. Scotland has 2 registers online which everyone is gradually moving across to and the sasine register pre online. The property was registered to sasine and we managed to get a copy of deeds.  

The main difference from England being that in Scotland, "unregistered" just means not on the current Land Register - the older deeds are in fact archived in the Sasines register and copies are readily available. Not a big deal at all. Whereas in England & Wales, if the deeds are lost, they're lost.

Ah ok, I wasn’t sure I thought maybe there was something similar down south 

canaldumidi

Is the OP in Scotland? Or is this a red herring/hijack?

user1977

canaldumidi said:

Is the OP in Scotland? Or is this a red herring/hijack?

Just a red herring.

rose_T

canaldumidi said:

Is the OP in Scotland? Or is this a red herring/hijack?

I don’t know exactly what you mean by your post? 

To me the OP is looking for advice obviously the OP’s lawyer is giving her correct information and posted on here looking for similar situations and outcomes. 

The OP could have been in Scotland and I was advising that Scotland has a sasine register and that there could me a similar register down south. 

Obviously I don’t know but thought to mention just in case. 

Also a mention of losing buyers due to time of sorting out paperwork deeds etc I wrote that I have been waiting 15mths so not all buyers will pull out. Giving a bit a hope and experience from buyers prospective. 

Not hijacking the OP’s thread 

Thrugelmir

p00hsticks said:

KerryJB72 said:

We are fairly certain the building society where the mortgage was held returned the deeds and they've said the owner should have registered the property online at that time.

so you've already spoken to the building society and they've said they don;t have them ?

Should be the starting point. Traditionally was the case. 

KerryJB72

Thank you for the advice and comments given - much appreciated. I am hoping it is a resolved situation. I had checked with  the building society and solicitor who had completed the will, both who said they did not have them. A second executor had some paperwork and when I went through this, I found correspondence from said solicitor confirming receipt of the deeds! They are trying to locate them now. 

AdrianC

KerryJB72 said:

Thank you for the advice and comments given - much appreciated. I am hoping it is a resolved situation. I had checked with  the building society and solicitor who had completed the will, both who said they did not have them. A second executor had some paperwork and when I went through this, I found correspondence from said solicitor confirming receipt of the deeds! They are trying to locate them now. 

A good start - but them having had them in the past is not the same as them still having them now, of course.

KerryJB72

AdrianC said:

KerryJB72 said:

Thank you for the advice and comments given - much appreciated. I am hoping it is a resolved situation. I had checked with  the building society and solicitor who had completed the will, both who said they did not have them. A second executor had some paperwork and when I went through this, I found correspondence from said solicitor confirming receipt of the deeds! They are trying to locate them now. 

A good start - but them having had them in the past is not the same as them still having them now, of course.

Yes, but they held the final will. I did probate and they sent out the will, but not the deeds. We have paperwork saying they retained the will and deeds, and paperwork saying they released the will!