Refusing to sign transfer deed

jwright

cx6 said:

Your family member is still the legal owner of the sold property and will remain so until the transfer form is registered at the Land Registry.

However, the purchaser is the owner in equity, and presumably also holds a contract for sale signed by your relative (I assume contracts for sale were exchanged)

The purchaser will have to go to court and ask for 'specific performance' of the contract. This is likely to be granted as the money has been paid over. 

The purchaser should also ask for costs. 

Can you confirm if the purchaser has moved in ie did they get the keys?

Yes the contracts were signed and exchanged/completed in the normal manner. 

The purchaser moved in at the end of September.  At the moment my relative's solicitor is chasing for the document, I don't know if the purchaser is aware from their own solicitor that there is an issue...

cx6

Then I would try and de-stress, not worry and step back from it all.

The owners have possession and equitable title. In the end all it is going to cost your mother in law is money.

Let the solicitors keep pestering and eventually I expect in the end she will either sign or be summoned to court.

However, what the purchasers (or their solicitor) MUST do if file a protective entry against the title (not sure of exact form). As it stands, your MIL could eg take a loan out using the house as security - or indeed even sell it again. That would be a criminal matter and you don't want it to get that far.

jwright

cx6 said:

Then I would try and de-stress, not worry and step back from it all.

The owners have possession and equitable title. In the end all it is going to cost your mother in law is money.

Let the solicitors keep pestering and eventually I expect in the end she will either sign or be summoned to court.

However, what the purchasers (or their solicitor) MUST do if file a protective entry against the title (not sure of exact form). As it stands, your MIL could eg take a loan out using the house as security - or indeed even sell it again. That would be a criminal matter and you don't want it to get that far.

Thanks for your help.  Unfortunately the solicitor is copying me on everything in the vain hope I can help, which does make me feel very stressed.  I do hope she hasn't done anything as awful as take out a loan on her old property (I know she recently took out two loans).

Thrugelmir

jwright said:

cx6 said:

Then I would try and de-stress, not worry and step back from it all.

The owners have possession and equitable title. In the end all it is going to cost your mother in law is money.

Let the solicitors keep pestering and eventually I expect in the end she will either sign or be summoned to court.

However, what the purchasers (or their solicitor) MUST do if file a protective entry against the title (not sure of exact form). As it stands, your MIL could eg take a loan out using the house as security - or indeed even sell it again. That would be a criminal matter and you don't want it to get that far.

Thanks for your help.  Unfortunately the solicitor is copying me on everything in the vain hope I can help, which does make me feel very stressed.  I do hope she hasn't done anything as awful as take out a loan on her old property (I know she recently took out two loans).

Then perhaps be honest and say that any action will need to be enforced rather than waiting for a voluntary act. 

GDB2222

You have my sympathy, as mothers in law can be very hard work.  Is there anyone else in the family who might have more success with MIL?

You could write to the solicitor along the following lines:

"Dear ...

You have been copying me in on your letters to my MIL, and I am very sorry to see that she is being so unreasonable. I have tried to reason with her. Tried extremely hard, but I have got nowhere.

I think she has quite severe mental health issues, and it is quite likely that this matter will only be resolved with the help of the courts. In the meantime, I hope that someone has put a block on the Land Register. Otherwise, I fear she might try to mortgage the property or deal with it in some other way. 

Could you please stop copying me in on your correspondence to MIL. I find the whole thing very frustrating and stressful, as all my efforts have been rebuffed.

Of course, if there is anything specific you would like me to do, or you have any specific questions, please do not hesitate to get in touch." 

user1977

OP, are you involved in the transaction somehow? I'm not sure why the solicitor is copying you in?

GDB2222

user1977 said:

OP, are you involved in the transaction somehow? I'm not sure why the solicitor is copying you in?

Desperation! .....

Strummer22

Incredibly stressful for you! I agree with GDB2222, you should tell the solicitor you've done your best but wish to be excluded from future correspondence.

It sounds like your MIL is not going to change her unreasonable behavior. Whilst it's easy for us onlookers to tell you to just leave it to the courts, this will not be an easy decision for you. You will, in some way, have to live with the consequences of her actions, regardless of what you do now.

BTW, what's your partner doing about their crazy mother in all of this? Why has it fallen to you to try and sort out her mess?

user1977

GDB2222 said:

user1977 said:

OP, are you involved in the transaction somehow? I'm not sure why the solicitor is copying you in?

Desperation! .....

Possibly! But it shouldn't overrule client confidentiality.

GDB2222

user1977 said:

GDB2222 said:

user1977 said:

OP, are you involved in the transaction somehow? I'm not sure why the solicitor is copying you in?

Desperation! .....

Possibly! But it shouldn't overrule client confidentiality.

Your original question was absolutely correct. There must have been a reason for the OP to be roped in in the first place.  I was just being flippant.