AIB Gift Letter and Deed of Confirmation

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MandyD

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Hello, we are in the process of buying a house.

My parents gifted me money towards the deposit a few years ago. They signed the AIB gift letter, referred to above in the thread, in the early 2020. This gift letter formed part of our subsequent applications for Approval in Principle since. We are drawing mortgage from AIB.

We advised of this our solicitor at the beginning of the process, and sent a copy of this letter to her.

We are about to sign the contract and are after receiving an email from our solicitor that she needs my parents to sign a Deed of Confirmation for her to confirm to the bank that the title to the property is 100% in order.

Just wondering if this is a standard practice? Is the Gift Letter signed by my parents almost 3 years ago not sufficient?

I don't mind the additional expense, it is just that my parents don't live in Ireland and don't speak English.
 
Just to add that at the time my parents gifted me money, only a portion of it was meant for the deposit. It was in 2017. AIB gift letter was signed in the early 2020. We have savings accounts statements that show that we have saved since more than enough so no gift money needed to be used for the deposit.
 
MandyD said:
We are about to sign the contract and are after receiving an email from our solicitor that she needs my parents to sign a Deed of Confirmation for her to confirm to the bank that the title to the property is 100% in order.

Just wondering if this is a standard practice? Is the Gift Letter signed by my parents almost 3 years ago not sufficient?
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Haven't you asked the solicitor?
 
If she says she wants my parents to sign it - they will. I am not sure what to expect, meeting is tomorrow and she doesn't want to say anything until then. Will ask in an email - awaiting reply from the bank on it as well - but I doubt she replies before the meeting anyway. I am trying to learn as much as possible about it in advance.
 
MandyD said:
If she says she wants my parents to sign it - they will.
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MandyD said:
I don't mind the additional expense, it is just that my parents don't live in Ireland and don't speak English.
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Ask your solicitor tomorrow about the "correct" way for your parents to sign the Deed of Confirmation. Does their signature need to be witnessed? By whom? A notary public in your parents' country?

Also ask your solicitor who exactly requires the Deed of Confirmation. Is it AIB's requirement? Or is it only the solicitor's requirement? If it is only her requirement, ask her if she actually needs it.

I know that Ulster Bank required a Deed of Confirmation in such cases but I don't know if AIB do.
 
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Paul F said:
Ask your solicitor tomorrow about the "correct" way for your parents to sign the Deed of Confirmation. Does their signature need to be witnessed? By whom? A notary public in your parents' country?

Also ask your solicitor who exactly requires the Deed of Confirmation? Is it AIB's requirement? Or is it only the solicitor's requirement? If it is only her requirement, ask her if she actually needs it.

I know that Ulster Bank required a Deed of Confirmation in such cases but I don't know if AIB do.
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Thank you @Paul F - all very good questions. Our bank has already confirmed that they do not require this. If she does I would like to know why.
 
Paul F said:
Ask your solicitor tomorrow about the "correct" way for your parents to sign the Deed of Confirmation. Does their signature need to be witnessed? By whom? A notary public in your parents' country?
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And if a notary public has to witness your parents' signatures, does that require you to first get a notarized (official) translation of the deed into your parents' language? :eek:

MandyD said:
Thank you @Paul F - all very good questions. Our bank has already confirmed that they do not require this. If she does I would like to know why.
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Exactly – see if she will drop the requirement. Show her the email or whatever from AIB that says that they do not need it.
 
We met the solicitor yesterday. She doesn't believe what bank says in their email, she requested official confirmation that they don't need the deed. Bank sent more emails yesterday - said that if they didn't ask for it in the letter of offer, than they don't need it.

The problem is that the bank may need to sent her an official answer and this would take several days. The solicitor knows that the interest rate goes up from Monday and that her query will most likely delay our drawdown and force us into this higher interest rate.

I cannot figure out why she is doing this - inability to admit mistake? incompetence? malice? Whatever her reasons, it is at our expense.
 
MandyD said:
We met the solicitor yesterday. She doesn't believe what bank says in their email, she requested official confirmation that they don't need the deed. Bank sent more emails yesterday - said that if they didn't ask for it in the letter of offer, than they don't need it.

The problem is that the bank may need to sent her an official answer and this would take several days.
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Can you get on a call with your solicitor today and have a chat with her? Point to AIB's emails of yesterday that say that they don't need a Deed of Confirmation. Push her to drop the requirement, which is clearly not a requirement of AIB's.

MandyD said:
The solicitor knows that the interest rate goes up from Monday and that her query will most likely delay our drawdown and force us into this higher interest rate.
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Are you saying that AIB are about to increase their rates again?
 
Its hard to know, she may know from previosu experience that the bank may ask for it at the last minute and wants them to confirm.

In one case I know of, the bank asked for a deed of confirmation at the last minute
 
Cant remember, it was a few years ago. It was a family member and I had to arrange to sign it that day, to avoid delaying draw down
 
Can the solicitor insist on the deed of confirmation even if the bank confirm that they don't need it for our mortgage?

Can the solicitor withdraw services, don't complete her work for us, if we don't do what she wants us to do?
 
Paul F said:
Can you get on a call with your solicitor today and have a chat with her? Point to AIB's emails of yesterday that say that they don't need a Deed of Confirmation. Push her to drop the requirement, which is clearly not a requirement of AIB's.


Are you saying that AIB are about to increase their rates again?
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This solicitor has not taken a single phone call from me - I tried. 'Chat' is not an option - she told us at the meeting that she knows what she is doing, will tells us what we need to know and the rest she will take care of herself. We pay for her time and if she has to explain everything to us, we have to pay extra. And based on her years of experience she insists on having an official confirmation from the bank.

I was stunned at the meeting. As a professional myself I wouldn't dream of treating my clients, nor anyone else, in such an aggresive, disrespectful, and belittling manner - I was lost for words.

Re the mortgage rate - yes, fixed rates going up again from the 16th January. Not sure about variable.
 
Michael01 said:
I think anyone with prior mortgage approval from AIB can avail of 'old' rates if they draw down before 16th Jan.
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Such is our case. This is why we were aiming to deliver all the outstanding drawdow documents on Thursday, to allow time for an assessment and a confirmation that we satisfy all the conditions. We have a wonderful person in the bank looking after us.
 
MandyD said:
This solicitor has not taken a single phone call from me - I tried. 'Chat' is not an option - she told us at the meeting that she knows what she is doing, will tells us what we need to know and the rest she will take care of herself. We pay for her time and if she has to explain everything to us, we have to pay extra. And based on her years of experience she insists on having an official confirmation from the bank.

I was stunned at the meeting. As a professional myself I wouldn't dream of treating my clients, nor anyone else, in such an aggresive, disrespectful, and belittling manner - I was lost for words.
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That sound infuriating.

I wonder if others here think there is any point in reporting her to the Law Society (after you have got your mortgage)?
 
I don't intend to report the solicitor. But I would like to learn to deal better with people and situations like this. Especially when the other side is in a position of power.
 
T McGibney said:
Report her for what exactly?
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A fair question. The solicitor seems to be insisting on something (the Deed of Confirmation) that is in all likelihood unnecessary, and it seems probable that MandyD will miss out on a lower interest rate as a result.

But perhaps the solicitor is perfectly entitled to do so, in which case there are no grounds for a complaint.

On the other hand, MandyD provided strong evidence to the solicitor that AIB do not require a Deed of Confirmation and the solicitor has ignored that. Do her actions amount to an unreasonable delay?

MandyD said:
I don't intend to report the solicitor. But I would like to learn to deal better with people and situations like this. Especially when the other side is in a position of power.
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That is indeed the main difficulty: a power imbalance. It's never easy to know what to do in such situations.

Michael01 said:
I think anyone with prior mortgage approval from AIB can avail of 'old' rates if they draw down before 16th Jan.
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MandyD said:
Such is our case. This is why we were aiming to deliver all the outstanding drawdow documents on Thursday, to allow time for an assessment and a confirmation that we satisfy all the conditions. We have a wonderful person in the bank looking after us.
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It might be worth talking to this person early on Monday (or sooner if that were possible somehow) to explain the situation, and to ask them if they would be able to get you a short extension. Unlikely but worth a try.
 
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