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John_Vale
Posts: 1 Newbie
Hi,
I’ve been reading Martin’s website for as long as I remember, but I’m new on this forum and hopefully I won’t break any posting rules.
I seek advise about title deeds.
Last November I purchased my first property, that was part exchanges by previous owners. So it was previous owners > months ownership by developers while I was buying it > me. My solicitor did not flag any concerns that the title deeds was in sellers and not developers name. I trusted his expertise, as it was my first buy, and a part-exchange one, which I don’t know how it’s normally done.
Fast forward to couple months after completion, I downloaded the title for the property as it’s held by land registry and it was still in original owners name. I called up solicitor, they explained that developers haven’t transferred it to their name yet and therefore they can’t transfer it to me yet. If it wasn’t me checking and chasing it chances it would have never been followed up. I kept chasing my solicitors, who on their behalf chased sellers solicitors. But there would always be some setback - waiting for some documents to arrive, changed case handler etc…
Soon it will be a whole year since this real estate developer became owner of this house. I feel that my solicitor neglected pointing out title troubles as a concern. As it is, I couldn’t put the property on the market. I am worried that something might go wrong - such as solicitor companies or developer going out of business. Further more, I am paying mortgage, but without amended title my lender isn’t even as first charge on the title…
I feel that my solicitor messed it up. What do you think I should do? Push harder my solicitors? Contact seller or sellers solicitors directly? Think of legal action for negligence? Or am I worrying for no good reason?
I’ve been reading Martin’s website for as long as I remember, but I’m new on this forum and hopefully I won’t break any posting rules.
I seek advise about title deeds.
Last November I purchased my first property, that was part exchanges by previous owners. So it was previous owners > months ownership by developers while I was buying it > me. My solicitor did not flag any concerns that the title deeds was in sellers and not developers name. I trusted his expertise, as it was my first buy, and a part-exchange one, which I don’t know how it’s normally done.
Fast forward to couple months after completion, I downloaded the title for the property as it’s held by land registry and it was still in original owners name. I called up solicitor, they explained that developers haven’t transferred it to their name yet and therefore they can’t transfer it to me yet. If it wasn’t me checking and chasing it chances it would have never been followed up. I kept chasing my solicitors, who on their behalf chased sellers solicitors. But there would always be some setback - waiting for some documents to arrive, changed case handler etc…
Soon it will be a whole year since this real estate developer became owner of this house. I feel that my solicitor neglected pointing out title troubles as a concern. As it is, I couldn’t put the property on the market. I am worried that something might go wrong - such as solicitor companies or developer going out of business. Further more, I am paying mortgage, but without amended title my lender isn’t even as first charge on the title…
I feel that my solicitor messed it up. What do you think I should do? Push harder my solicitors? Contact seller or sellers solicitors directly? Think of legal action for negligence? Or am I worrying for no good reason?
0
Comments
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It seems somewhat unclear.
If the property has not yet been transferred to your seller then it was never theirs to sell so you are essentially squatting. This is highly unlikely if your solicitor carried out any due diligence.
What is more likely is that your seller has not yet registered their transfer with the Land Registry. There are, I believe, some complex rules around part exchanged properties in relation to stamp duty etc, which may be delaying registration. Or alternatively they may just be rubbish. This does need to be chased though as it will also mean that your mortgage lender (assuming you have one) do not have their charge registered.0
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