Problems next to our remortgage - solicitor to issue Court proceedings to ask the Court to sign the Transfer?
We are remortgaging our property but it has come to our attention that the Land Registery do not have our heading as owning the property - it is still in the previuos owners name. Obviously we are not at adjectives happy with the solicitor who deal with this 2 years ago. Now they say nearby was a problem because the previous owners got divorced and the female signed in her new married describe.They needed her Marriage Certificate to prove her change of name to the Land Registry. This they hold been unable to get. They have requested that if they cannot supply the Marriage Certificate they supply us with the date and county within which she remarried so they can apply for a duplicate Marriage Certificate but the info wasnt forthcoming as she is living abroad now. We are so angry around this as we bought the house 2 years ago, our remortgage should have gone through now but demonstrably hasnt. They say they need to issue court proceedings to bring the court to sign the transfer. Any advise or timescale??
Answers:
This is the correct procedure surrounded by the UK, and probably similar in USA. The mortgagees would then look to you for their permitted costs, and if your solicitors were negligent, you could look to them for compensation. However they might not hold been negligent, because when they prepare the verbs document, they would use the name on the land registry title, which they did. They would next send the transfer to the seller solicitors to obtain the sellers' signatures, and would not see the transfer again until they receive it AFTER the money have been sent to the sellers solicitors. Normal practice is
1. seller sols. receive funds.
2. the same day they forward to buyers sols. the title documents which are already contained by their possession. So it is up to the seller's solicitors to check that the transfer has be correctly executed and if the name of the signature is different, they should provide appropriate evidence that the signatory is indeed the person name on the land registry title. They are contractually bound to provide GOOD title, which they have not done.
It might be a apposite idea to speak to the Mortgagee's own solicitor to see how best to proceed. Source(s): Experience
If there is still a problem with title 2 years after completion, you own good reason to sue the solicitor who did the conveyancing. His insurance company will collect any costs you have in proving title.
What a horrible mess - what excuse does that absurd solicitor have? Do you have a spanking new (and hopefully much more efficient) lawyer who is working on it for you?
I worked as a conveyancer for several years and have never come across this previously, but I do hope you get it sorted out soon. Hope you aren't in any difficulty of losing your home - if it's a remortgage you should be okay, right? I would sue the backside off that solicitor and don't forget to include in your claim adjectives the expenses you're now incurring, plus any extra interest you're paying as a result of being not sufficiently expert to remortage. And if the idiot is still practising, put in a complaint to the Office for the Supervision of Solicitors as well as the Law Society. Source(s): http://www.yourrights.org.uk/your-rights…
http://www.lawsociety.org.uk/home.tenet
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Answers:
This is the correct procedure surrounded by the UK, and probably similar in USA. The mortgagees would then look to you for their permitted costs, and if your solicitors were negligent, you could look to them for compensation. However they might not hold been negligent, because when they prepare the verbs document, they would use the name on the land registry title, which they did. They would next send the transfer to the seller solicitors to obtain the sellers' signatures, and would not see the transfer again until they receive it AFTER the money have been sent to the sellers solicitors. Normal practice is
1. seller sols. receive funds.
2. the same day they forward to buyers sols. the title documents which are already contained by their possession. So it is up to the seller's solicitors to check that the transfer has be correctly executed and if the name of the signature is different, they should provide appropriate evidence that the signatory is indeed the person name on the land registry title. They are contractually bound to provide GOOD title, which they have not done.
It might be a apposite idea to speak to the Mortgagee's own solicitor to see how best to proceed. Source(s): Experience
If there is still a problem with title 2 years after completion, you own good reason to sue the solicitor who did the conveyancing. His insurance company will collect any costs you have in proving title.
What a horrible mess - what excuse does that absurd solicitor have? Do you have a spanking new (and hopefully much more efficient) lawyer who is working on it for you?
I worked as a conveyancer for several years and have never come across this previously, but I do hope you get it sorted out soon. Hope you aren't in any difficulty of losing your home - if it's a remortgage you should be okay, right? I would sue the backside off that solicitor and don't forget to include in your claim adjectives the expenses you're now incurring, plus any extra interest you're paying as a result of being not sufficiently expert to remortage. And if the idiot is still practising, put in a complaint to the Office for the Supervision of Solicitors as well as the Law Society. Source(s): http://www.yourrights.org.uk/your-rights…
http://www.lawsociety.org.uk/home.tenet
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