Problem in issuing of contract

S

seller432

Guest
Folks,

I bought a house few yrs back thru a solicitor. Now I am selling my house and have hired another solicitor. I want to sell asap and the buyer is FTB i.e. mortgage ready.

My new solicitor says - "As per old solicitor, the title is awaiting registration in the Land Registry and therefore cannot return the Deeds to bank." My new solicitor has requested bank to let take over their Undertaking in order that new solicitor can collect the Deeds from old solicitor.

Can someone explain in plain english what above means as in absence of deeds, the contracts can't be issued thereby causing unneccessary delays.
 
Your title is not registered. You may have to wait. This is not uncommon.
You should ask your new solicitor to ascertain if there are any major issues or if its just a huge back log ( more likely). If there are no major issues, you can ask both solicitors to write to the Land Registry asking that the dealing be expedited. The Land Registry are very helpful in these cases. Technically, the first solicitor should then return the deeds to your lender, release that solicitor from all their obligations and your new solicitor can then take up the Deeds and issue contracts.

Most solicitors do not like taking over undertakings as therein can lurk hornets nests.

mf
 
Folks,

My solicitor whom I have hired for selling the house has told me that the second solicitor (whom I used for buying the house originally) is not responding to fax/tel calls for last over 2 weeks. The second solicitor has my deeds and until unless she returns it, my current solicitor cannot issue the contract. I myself have tried ringing second solicitor's office but her secretary says - she is in/out of her office and there is no fixed schedule.

My whole sale is stuck because if this irresponsible behaviour of my second solicitor. Do I have any option than to wait endlessly?
 
You have a number of options.

First and most effective- make an appointment to see your old solicitor and when making the appointment tell the receptionist you are coming to see why there is a delay on the file. Give the solicitor a fixed deadline to hand over the file- make this reasonable in all the circumstances ( perhaps you have already waited enough, in which case give very little time).

If the file is not handed over there are two further options:

1. Make a complaint to the Law Society. Solicitors treat this very seriously. Tell your old solicitor that you are going to do so beforehand. This may be an effective way to ensure your solicitor hands over the file.

2. You can ask your new solicitor to take high court proceedings by way of special summons to obtain the file (if your new solicitor has already taken over the old solicitors undertaking to the bank). There is a cost implication but if successful the old solicitor should pay the costs.
 
Vanilla,
Thanks a million for quick reply. You are spot on with the two options. I checked with my current solicitor and yes the complaints with the Law society is a serious thing. If I report the issue to Law society, they will write to my old solicitor who will then have to provide explanation within 10 days. Thanks once again for all the help.
 
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