solicitors/3 years to reg.deeds?

B

barryl

Registered User
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can anyone tell me please why in2007 it takes 3 years for a solicitor to pay stamp duty,register deeds,and return deeds to the lender.I have spoken to both and have got conflicting stories
 
Deeds must be stamped within 30 days or penalties accrue. Generally this is done promptly.

The the solicitor lodges the deeds with either (for simplicity's sake depending on the location of the property) the land registry (LR)or registry of deeds (RoD) to register ownership and the charge (mortgage).

I don't know what the time scale is the the RoD but there is up to a two year delay in dealings being processed in the LR (again depending where the property is).

What happens very often is that solicitors stamp the deed and then just forget/don't bother taking the next step. It is purely an administrative thing.

So it can be either the State's fault or the solicitor.
 
I would assume that the LR officials have to go through each dealing manually so that coupled with the boom in conveyancing in the last few years has contributed to the delays.
 
Current Land Registry issues in my office:

Clare: division of Folio, sale of part, 4 years and no sign of registration.
Galway: estate , as above, 5 years and no sign of registration
Wexford: death, assent, voluntary transfer, sale of whole folio to developer, sale by developer of each site, current sale of completed house ( 3 years after completion) - in the Land Registry since 2002 and since then cumulatively.

Why? man power issues in the Land Registry.

mf
 
I purchased a house 12 months ago and my bank is saying the “deeds are still out with your solicitor” according to their records – the solicitor is the third solicitor mentioned recently in the papers – while I assume the deeds, being collateral for my bank, is more of my banks problem should things ever go pear shaped, I effectively own one third of the deeds given that I own one third of the property. Should I be concerned at this at all or just ignore it?

Thanks.
 
The Law society or a firm appointed by them will have your file and deeds. You will need to appoint another solicitor to receive the deeds, finish off the file if necessary and send the documents on to the bank. The law society will contact you eventually but you should go about it yourself in case there is a problem with the documentation. Did you pay stamp duty ? If so you will need to know at a minimum that this money has been sent on to the revenue. I 'm not sure exactly how the third solicitors practice is being dealt with, his files may just have been transferred to another firm but with the first two the law society have the files and are in the process of sending them on to the clients new solicitors. First off ring the law society and find out where your file is.
 
I imagine the banks are the ones who are most concerned but I operate on the basis of making sure issues are dealt with before they become a problem so I would, if I was you, certainly want to know that my file is being dealt with by someone.

Has anyone contacted you to advise where your file is? Was there some question that A.N.Other firm would take over the files and complete works outstanding? Has the Law Society been in touch? I understand that their function is to facilitate a hand over but I don't think they have an obligation to actively manage files. If you have not heard anything I suggest that you try and track down your file by writing to the Law Society giving as much information as you can i.e. with any references etc.,etc. Depending on what kind of title you have, you may be able to check with the Land Registry if any paperwork has been lodged.

You might also be able to ask your vendor/their solicitor if they have any information which would assist you. Although, they may not, understandably, have any interest, some solicitors are very good about stuff like this.

mf
 
The files of the third solicitor are being managed by another firm of solicitors in Walkinstown.

If I were ramble i'd try make contact, is only for reassurance.

I'd agree with mf1 re time delays in the land registry. One problem they have is that applications for registration are not dealt with one a first come first served basis, rather fairly randomly.

Registrations in the Registry of Deeds is 3-4 weeks max.
 
Apologies if this is in the wrong forum but it is very similar to a situation I find myself in now. I need docs outlined in a Form 17 for the Land Registry. Can anybody tell me what is involved in a Form 17 and where can I get my hands on one? I cant find it on the LR website. Having difficulties with my solicitor on this and according to the LR I can go in and lodge myself and expedite what has become a nightmare situation.
 

sometimes I wonder....

http://www.landregistry.ie/uploadedfiles/forms/form_17.doc
 
Thanks Stifster. My search didnt show those up but its comforting to know I can rely on folks like your good self!!!
 
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