Mortgage Deeds not received yet

M

mortageQ

Guest
Hello, can someone help...i have purchased a property recently in Rathcoole & I am looking to get the property registered. My solicitor keeps postponing saying some or the other reason. He now says he lost the tile that he initially received from the builders solicitor, although he says they should have a copy & would ask them to resend. He never keeps to his word & keeps delaying it. Is there any way i could get this done quickly. I need the property registerd asap.

Thanks....please ....any advice will be greatly appreciated...
 

All a bit confusing.

Primarily, though, if you have an issue with the solicitor, you can make a formal complaint to the Law Society - the info is on the website. And solicitors take formal complaints very seriously. As does the Law Society.

Before doing this, it might be helpful to write to the solicitor asking for a formal statement from him as to what the current state of play is. And threatening the Law Society in the absence of a proper response.

Practically, can you confirm if you took out a mortgage?

If yes, then the solicitor has an obligation not only to you but also to your lender to stamp and register the title and return the deeds to the lender. You could contact your lender and ask for their assistance.

If you don't have a mortgage, then the solicitor's obligations are to you alone. You could also consider employing another solicitor to tease out the problem.

Perhaps the solicitor is lazy and incompetent. Perhaps there are complex issues you have not disclosed. Perhaps the title will take several years to be registered, there can be serious delays in the Property Registration Authority.

mf
 
Hello Mf, Thanks for the reply. i took the mortagage. I rangn teh bank as well & asked them to help me. They said they have been sending letters to the solicitor as well. i shall follow up though.

yeah, reporting to the law society is the last thing left, which i might have to do now since its continuing so long.

Thanks again.
 
I purchased my last property in June 2001, which was financed partly by a mortgage. I paid my solicitor’s fees & thought no more about it. There were no complex issues involved.

In December 2007 I received a letter from my mortgage provider informing me that the deeds had not been stamped & registered as should have been organised by my solicitor. The property was not registered in my name & the bank charge on the property was not in place.

As it turned out the solicitor had since been under investigation by the Law Society, as seemingly he was so awash with business at the time that he had just let everything fall behind – so much so that he hadn’t bothered to do what he was supposed to for six years for hundreds of clients who had paid him to do so in good faith.

There was no fraud involved – it was just laziness, or pure lack of organisation.

I had the choice of using the solicitor appointed by the Law Society to sort out his mess or to employ another solicitor, who could in turn obtain my file from them.

Luckily I did not have to pay any further solicitor’s fees, as I could prove that I had paid the original solicitor, so the work done by the new solicitor was paid for by the Law Society indemnity fund.

The situation would have come to light way earlier if I had attempted to sell the property, but it does go to show that you really need to ensure that solicitor’s actually do what you pay them to do.

If I were you I would contact the Law Society & ask them what they recommend you should do in your situation.
 
Thanks papercut for taking the time to reply. I finally received an email from my solicitor saying he sent a letter to the builders solicitor that the Deed of Conveyance was mislaid & requesting for a replacement. I'll see how that will go for until the week end & then finally report it to law society on monday if i don't hear from him again. The only mistake (or my poverty you might consider) i did was i paid him €1600 by cheuqe & the €700 by cash (since he said he reduced the price & he doesn't have to pay the VAT) so for proper proof i can only show €1600 :-(
 
When a friend died a couple of years ago it was discovered that the deeds of her house had never been lodged with the bank, not only that, the solicitor had actually lost the deeds, this caused an incredible amount of stress at a very difficult time, ultimately it also ended up costing her family money. Because of that, I checked with my bank, only to discover that my deeds hadn't been lodged, I had to hassle my solicitor and eventually they were lodged - 6 yrs after I had bought the house. I suspect it's actually quite common.
I was selling the lease of a business a couple of years ago and a solicitor lost documents, to cut a very long story short I told the solicitor I was going to contact the Law Society when this elicited no response I then said I'd phone the Joe Duffy Show - I got a phone call 20 minutes later telling me they had found one of the documents!
 
mortageQ said:
I finally received an email from my solicitor saying he sent a letter to the builders solicitor that the Deed of Conveyance was mislaid & requesting for a replacement.
Click to expand...

Oh good, it sounds as if he's moving on it so. Hopefully you won't have to do anything further.
 
Hi Shopgirl, thanks for the reply.

I am new to Askaboutmoney & have found a huge relief talking to you all. Thanks everyone for posting your expereinces. I shall keep you posted as things progress..
 
shopgirl said:
... I was going to contact the Law Society when this elicited no response I then said I'd phone the Joe Duffy Show - I got a phone call 20 minutes later telling me they had found one of the documents!
Click to expand...
That's the good thing about the Law Society - they lay out a strict code of conduct & come down hard on those that don't comply. Maybe they should be regulating the banks
 
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