Solictior won't release aunt's deeds

Hi! My aunt has just got an offer on her house - she is going into a nursing home - however, her old solicitor, who has had the deeds since she bought the house 20 years ago, won't release them. She doesn't owe him any money as she hasn't used his services since she bought the house, except for on one occasion, she asked him to send a letter to a neigbhour who was parking in her driveway - she paid e300 plus VAT for these letters 3 years ago, and he told her that was the bill for these letters - she has the bill.

My aunt has sent letters by registered post, emails and two faxes, requesting to be able to collect her deeds from his office at a particular time and date which she specified. When she went to his office, at the specified time (two weeks notice given), she was unable to collect her deeds and the solicitor was apparently not there. He has not responded to any of her correspondence.

My aunt neds to take this offer in oder to sell the house to pay for her nursing home costs - what should she do/can she do in this sitaution. My aunt is 85, so not able for loads of hassle.

Tell him that if he does not deal with the matter immediately that you will ask the Law Society to intervene. Tell him also that if the sale is frustrated by his failure to produce the deeds, that a claim might be made against him for any losses ensuing.

elainem said:

My aunt neds to take this offer in oder to sell the house to pay for her nursing home costs - what should she do/can she do in this sitaution. My aunt is 85, so not able for loads of hassle.

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Should the new solicitor your aunt has appointed for the sale of her house not request the deeds from the old solicitor ?

If this is not the case surely he/she would advise and do whatever is necessary to get whatever is required to complete the sale.

The old solicitor might be more attentive to the new solicitor than to your elderly aunt.


As an aside, is your aunt sure she needs to sell her home ? is she aware of Fair Deal ?

If assessed as needing nursing home care, she would have to pay 5% of the value of her home for three years only, but this can be deferred, meaning no need to sell the house now, after she dies the state would get their 15% of today’s value of her home whenever it is eventually sold.

She would now only have to pay 80% of her income and 5% of any other savings/assets over €36K, the state would then pay the balance of her nursing home costs.

http://hse.ie/eng/services/Find_a_Service/Older_People_Services/nhss/#fin