Solicitor unable to register house

Re: Solicitor 'refusing' to register house

Overall view?

Get the indemnity form/bank draft issue sorted out - if she just lets it lie, then the rest won't happen. I appreciate that she feels that the problem is not of her making and it sounds as if she has been poorly treated but a Court, the Law Society and anyone else in authority when she goes to complain about her vacated mortgage is just going to say to her why not get that issue sorted out and everything else will fall into place?

Look - stuff happens - it happens all the time, to everyone, about everything. What interests me is the way people choose to deal with it. Maybe no-one has handled this terribly well but can they just get on with it, get it sorted, finished and over and done with?

If I was the vendors solicitor? I'd be pretty sure at this stage that I'd be getting no help from anyone if I procured the vacated mortgage and sent it off. Right or wrong? Probably wrong but how else do I get the other issue sorted?

mf
 
Re: Solicitor 'refusing' to register house

If it was me, I'd contact the Law Society in relation to this. They will advise on what course of action can be taken with the solicitor and if no satisfaction, a formal complaint can be made. Should get his ass in gear fairly sharpish..
 
Re: Solicitor 'refusing' to register house

I agree with mf1- vaguely recollect the other thread- your sister paid the deposit ( or balance of) by bank draft which was handed over to the vendors solicitor which they then lost. After closing they wanted to get a further draft but the bank wanted an indemnity signed by your sister that if it were ever cashed in future etc she would indemnify the bank. Understandably your sister doesnt want to indemnify the bank as she hasnt been the last person in possession of the draft, however as I recall the vendors solicitor was in turn to indemnify her. So what has she to lose by signing? It will sort everything out, with no loss to her. In fact she will gain since the vendors solicitor can then be prevailed upon, as part of the agreement, to forward on the vacate to your sisters original solicitor ( who by the way has no way of 'getting' the vacate from the vendors solicitor other than by calliing on the vendors solicitor to give it to them). It's a mess, certainly, but it seems to me that your sister, in being stubborn, is making it what it is.
 
Re: Solicitor 'refusing' to register house

Vanilla where does the sister stand if this solicitor refuses to sign an indemnity for the sister? She ll have paid twice.
 
Re: Solicitor 'refusing' to register house

Well that isn't an issue as I believe the vendors solicitor had agreed to indemnify her in turn? But strictly speakiing she won't have paid twice anyway, she is just signing an indemnity in case the lost bank draft is found by her or someone else and they then try to cash it- I suppose we can safely assume she won't try to cash it herself- she doesnt have it anymore, if someone else tries to cash it-which would be rather difficult anyway since I suspect it is made payable to either herself, the vendors solicitor or her previous solicitor- then the indemnities will kick in- she will be covered by the vendors solicitors indemnity and in any case they would have a case against the person who tries to cash it - or bank it- in fraud.

#Also the title of this thread is wrong- your sisters previous solicitor is not 'refusing' to register her ownership- she can't until she receives the vacate from the vendors solicitor- which is very much in your sisters own hands by the sound of it.
 
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Why doesn't the solicitor who lost the draft indemnify the bank directly instead of the woman who in turn has to indemnify the bank and get the draft reissued or is that not allowed.
 
Sunny- I'd guess the bank have to go by the chain of possession- they handed the bd over to the op's sister- therefore it is she who has to sign the indemnity. In any case it will be a bank requirement, not the solicitors.
 
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