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Conveyancing advice please?

(7 Posts)
ValyrianSteel Wed 04-Jan-17 09:13:18

Will try to keep this brief ...

My DH's nan died last year and my MIL has been dealing with the solicitors on behalf of the 4 siblings. They've had the probate sorted but the solicitors dealing with this (A) were rubbish so she used another solicitor (B) for the sale of her mum's house. Sorry if this gets confusing!

There was a charge on the house but when B contacted the bank they said A was already instructed and refused to speak to B. B carried on with the sale, exchanged and they completed on 9 December however the monies have still not been released due to the charge not being removed!

When MIL spoke to both solicitors to ask wtf was going on they both said they thought the other was dealing with it so nothing has been done. She's tried chasing the bank but ends up going round in circles and no one will speak to her and if they do they try to fob her off.

B has paid the estate agents and taken their own fees out of the completion monies but we don't think this sounds right.

MIL is very upset about her mum and having this worry over Christmas was awful and now she's had an email from B basically saying this is how it happened, we'll chase the bank but can't tell you when you're getting the completion monies.

Am I right in thinking this is utter bollocks? Surely B should have covered themselves and checked the charge was removed before exchange ?! The buyers are now in the property, everyone's been paid and MIL (and siblings) have been waiting on their money for nearly a month?!

prh47bridge Wed 04-Jan-17 10:32:17

The charge presumably means the bank was owed money. It would not be removed until they have been repaid. So no, it would not be removed before exchange. It would be removed after completion when the bank receives payment. Provided they have been paid it is now up to the bank to issue the necessary forms so that the charge can be removed. If the bank has not been repaid they will not remove the charge.

Rangirl Wed 04-Jan-17 10:45:14

The Bank will have to be paid off before the net proceeds can be remitted.
The Bank cannot be paid off until the money comes through from the sale.Normally the selling solicitor will undertake to the buying solicitor that the charge will be paid off within say 21 days of sale .All pretty standard stuff.
Would normally be don within a week or so of settlement,delay probably due to the 2 sets of solicitors being involved ,and the holidays
Normal for expenses to be deducted ,wil have been covred in Letter of engagement

I would get Mum to email and ask when funds will be remitted,if no response or unsatisfactory response ask for details of Client Care Partner and refereto him /her

ValyrianSteel Wed 04-Jan-17 11:38:54

Sorry I missed a vital bit of info there, the charge was repaid years ago and should have been automatically removed but for some reason the bank haven't done this.

The bank actually told my MIL her mum should have applied to have it removed but MIL's mortgage has been paid off and the charge was removed automatically and when she put this to them they were flustered so don't seem to know what they're talking about. The department that actually deals with removing charges isn't customer facing so MIL can't deal directly with them.

Not sure what the best course of action is, MIL is making herself ill stressing about it all and no one seems to be listening or doing anything. I've told her she needs lodge a complaint with the bank but I'm unsure where she stands with the solicitor. Seems to me he should have had it sorted before completion?

Ellenrobillard Wed 04-Jan-17 11:53:08

My son and l both own our own homes.My house is too big for me now on my own, and his little flat would suit me perfectly.Is there any cheap way for us to exchange properties legally, without any money being paid to me re the difference in the house values?Just a straight swap? Neither of us have much money.

Spickle Thu 05-Jan-17 13:14:55

Ellen best to start your own thread so that anyone knowledgeable will see it!

Valyrian I have seen some transactions where a charge has not been removed at Land Registry in error. Might be an idea to write to the bank who should have removed the charge to see if they have any records at all of it being repaid. Alternatively, can your MIL look through any paperwork to see if there is any evidence of repayment, i.e. mortgage statements/bank statements, or any correspondence which would provide evidence that the mortgage was repaid?

Rangirl Thu 05-Jan-17 13:16:45

Have re read on the basis of the info that there is no £ due to the Bank.When money due under a charge is re paid the charge is not automatically removed from the land register,a further step is needed,at the instance of the Borrower
It is not uncommon for this not to be done at the time .
She needs to speak to the solicitors acting in the sale ,or better still email them so there is a trail ,to find out exactly what the position is and what needs to be done to resolve matters,and how long it will take
If not satisfied by response ask for referral to client Care Partner

If it helps it does not strike me as being that difficult to resolve,just need the solicitors to get on with it

I would lave all thought of complaints to one side until things are sorted

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