# Please Help - Transferring Mortgage - House Deeds



## djsim (23 May 2008)

Hello Guys,

I would welcome any comments regarding my issue (I hope this is in the right forum as it falls between a couple of categories.

I will try to keep this short. I bought a house in 2006 - used a solicitor in Limerick (not sure should I name them here) and the mortgage is with TSB. I am changing over to NIB as they are offering me a better deal. The process was going along nicely until I got a call from NIB solicitor to arrange a meeting. I was shocked to find out that he said their was only one name on the deeds of the house, my partners name. My partner and I was did everything 50% 50%, so we wanted both names on the deeds. I got back on to my Limerick solicitor and she checked her records. She is 100% that they sent in the correct letters\forms to the land Registry Office. I know will know on Monday if this is the case. 

In the meantime, the NIB solicitor was on to me say that there may be Tax Implications on transferring my name to the deeds and that I should seek Financial Advice. I would like to know what “Tax Implications” these could be?

He also give us the option that maybe we proceed with the mortgage with one name on the deeds but I want to have my name on the title of the house, you never know what could happen in the future.

Any help \ advice would be great.

Thanks for all your help,
James.


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## dereko1969 (23 May 2008)

tax implications would be gift tax, as by putting your name on the deeds your partner would be deemed to be gifting you half the value of the house.
presumably as NIB have contacted you directly you are on the mortgage documents? the registry office should have the originals and so should your solicitor, if you're not on the documents then i don't know what will happen.


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## PM1234 (23 May 2008)

Is the original registration fully complete?  

If this was an administration error made by the Land Registry, your original solicitor can write to the Land Registry to have the correction expediated.

If the title was supposed to be registered in joint names but was registered in sole title in error, the original solicitor really should have checked the documents when they received them back from the Land Registry.

Do you have to use NIB's solicitor? If you do not want this to cause a delay, you could proceed with sole title until the new mortgage is drawndown and let your original solicitor complete the work.  I imagine the costs may play a factor in this so you may want to discuss this with your solicitor.


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## djsim (26 May 2008)

Thanks for your help guys, 

When we purchased the house in 2006, we wanted the house in joint names. All the docs that I have from the original solicitor has both our names on them. The solicitor said that they did everything correct and the “error” was made in the Land registry department. I should hear back from the solicitor today as she is meant to be following it up. 

If there was an error made in the Land Registry Dept, surely I would not be liable for “gift tax” would I? I mean, they are the ones that made the error.

Thanks,
James.


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## djsim (26 May 2008)

djsim said:


> Thanks for your help guys,
> 
> When we purchased the house in 2006, we wanted the house in joint names. All the docs that I have from the original solicitor has both our names on them, so this porcess was complete to the best of my knowledge. The solicitor said that they did everything correct and the “error” was made in the Land registry department. I should hear back from the solicitor today as she is meant to be following it up.
> 
> ...


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## dazza21ie (26 May 2008)

Its hard to believe that the Land Registry made such a mistake. I have seen cases where they have got the spelling of names wrong but never a case where they forgot to put a name on the folio. If they are ever in doubt about something they will query it with the applicant solicitor before finishing registration. However, if your name and your partner's names were both on the transfer deed and mortgage deed when you purchased there will be no gift tax element to worry about as it is matter of correcting a Land Registry error. But i still find it hard to accept that is the case. The transfer Deed and mortgage deed are sent to the land registry when your solicitor is applying for you to be registered. These are sent with a Form 17 with the names of the applicants on it and usually with a covering letter with the names of the applicants on it. When registration is finished they write to the  applicant's solicitor informing them of say and the applicants name is on that letter. The applicant's solicitor usually takes up an update copy of the Folio (which has the applicants name on it too) and where there is a mortgage the applicants solicitor sends the Folio, the Counterpart mortgage and a certificate of title to the lending institution. The lending institution usually look over the documents before accepting them and would be very quick to point out if a name was missing. So i guess what i am saying is that even if the Land Registry made a mistake it should have been noticed long before now.


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## djsim (28 May 2008)

Hello dazza21ie,  Thanks for your help and info. I also find it strange that the Registry would leave out a name on the title. My solicitor is saying different though. 

I dont have the background in this process. My understading is that when my solicitor sent the forms to the dept, they should have got a confirmation of the forms, is that correct? They should have checked back then I guess.

If I rang the registry would they supply me with this information over the phone? OH WHAT A MESS.......

I have the worst luck I swear when it comes to these things, if something can go wrong, it will to me


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## Madangan (28 May 2008)

You can obtain a copy of the land registry instrument for €25 from Land Reg. This will be a photocopy of all documents lodged  which led to your partner being registered. That will show quite clearly what your solicitor lodged and whether the error lies with your solicitor or with the land reg.


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## djsim (29 May 2008)

Thanks Madangan, I will go down that road if the problem is not fixed. I was talking to my Solicitor again yesterday and she said that the problem was at the Land Registry Side and they are looking after it and will take 24 hours to amend the changes. I asked her was this a common practice that they could make such a error and she said that they have done it before.

Hopefully it will be sorted today. Although, known my luck, this will be only be the start of my problems


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