Gifted Deposit - Solicitors being difficult about ID

Cooliogti

Hi all,

I am in the process of buying a home with a mortgage for about two thirds of the purchase prices and a gifted deposit for the remainder. The Mortgage company have accepted a simple letter signed by the giftor to say they will not retain any interest in the property, won't live in it etc. And they have issued the Mortgage offer.

However, my conveyancing Solicitors are being a bit "difficult" about ID for the giftor. They originally wanted the giftor to prove their ID via an app, but as the giftor doesn't have a driving licence or passport, this wasn't possible. The giftor is in her mid 80's too and apps are beyond her. She lives a 5 hour drive away, but I was visiting her a few weeks ago anyway and got all the ID that I could as requested by my Solicitors, Selfies with her Bus Pass and Blue Badge, I brought home with me her birth certificate and bank statements which I then took to the Sols office when I returned home. They accepted all this at the time.

They are now however insisting on a Video Call with her. I cannot find anyone who is capable of doing this for the giftor (neighbours and relatives don't have smartphones) and the giftor is quite private about this and doesn't want anyone knowing her business.

My sols have asked me if I can "pop up" to see the giftor to do the Video call. It is a 5 hour drive there and a 5 hour drive back, so not what I would call being able to "pop up" as it would be 2 days of driving. Due to work commitments I can't take time off during the week until mid September so I'd have to go up on a weekend and come back the following weekend (I can work from the giftors house as I've got a set up there). But come mid Sept my son will be back in school, so realistically the next time we'll be able to go there will be End of October in half term.

I fully accept that they have to do due diligence and Money Laundering checks have been tightened up in recent years, but can anyone suggest an alternative to a video call that I can suggest to them? I've had 2 purchases fall through this year (nothing to do the gifted deposit) so I am really stressing out about every step in this purchase.

We do still have a bit of time as Local searches are not back yet and Surveys have not been done but I'm really hoping we'll be able to complete before the end of October. 

Any advice / ideas / suggestions most welcome.
Thanks!

user1977

Perhaps a solicitor (or other regulated professional) local to her could meet her to verify her identity, has anybody suggested that?

Isthisforreal99

They are not being 'difficult', they are doing exactly what is required of them with a face to face (inc video ID check). You taking in the documents you did as a 3rd party was never going to be sufficient.

Could have pre-empted all this in various ways.

la531983

Is there not a library local to her she can visit that may have Zoom on a computer?

Smalltownhypocrite

They likely need to see her and verify that she is of 'sound mind' and not being forced/manipulated/financially abused, as seemingly you have spearheaded and done all this stuff claiming that she 'cant' do any of it which is quite the red flag.

grumpy_codger

In a similar situation my solicitor wanted the giftor (lender in my case) to visit him personally, but then reluctantly argeed to a video call.
Don't blame the solicitor. Blame our govenment paranoid about money laundering.

sheenas

Anti money laundering is a big thing these days, so this kinda of pain is the result. It’s  really hard to deal with the older generation and tech. My solution was to ask for the money in advance and put it in a savings account for six months, then simply say it was from savings. I realise this does not help you, it might help others. I think you are going to have to do the trip sadly, I don’t see the solicitor taking the risk.

Tiglet2

As Smalltownhyprocite says above, it will probably be that they want to verify that she is aware of her gift to you, that she is of sound mind and is not being forced into this.  By seeing her on video call, they can confirm that her ID is a true likeness as well.  Someone will have to help set up a video call, maybe a closer in distance relative/friend or her GP, carer, local solicitor etc.

Tabieth

I think the replies saying the solicitors need to check she’s of sound mind and not being coerced are spot on. They have a duty of care towards her that goes beyond the normal anti money laundering laws. I don’t think they’re being at all difficult, it’s good to know this is happening. I think you’ll have to bite the bullet and take a day off work to get this organised. 

grumpy_codger

sheenas said:

Anti money laundering is a big thing these days, so this kinda of pain is the result. It’s  really hard to deal with the older generation and tech. My solution was to ask for the money in advance and put it in a savings account for six months, then simply say it was from savings. 

Well, I knew a solicitor that wanted to trace the money as far as three years back. Or was it two?

Albermarle

grumpy_codger said:

sheenas said:

Anti money laundering is a big thing these days, so this kinda of pain is the result. It’s  really hard to deal with the older generation and tech. My solution was to ask for the money in advance and put it in a savings account for six months, then simply say it was from savings. 

Well, I knew a solicitor that wanted to trace the money as far as three years back. Or was it two?

There was a thread on here, where a solicitor wanted to back ten years !

I think it turned out it was an over zealous clerk, rather than the solicitor themselves, and they were eventually overruled.