Or is my solicitor not doing everything she can?

[halloumihalloumi]

House move related.
Long story - 9 months waiting. 2 chains have collapsed. Husband signed all documents before he deployed in Jan. but that chain collapsed. Husband still deployed. We have a new buyer who wanted to exchange and complete in a week.

All good. Bank have assured mortgage funds will be in place.

But now husband needs to sign new deeds and contract. So, here is where it looks like it will all fall apart and I need some advice.
Husband has signed and scanned it in and emailed it back. But apparently that isn't good enough as they need an original signature on the document but we are exchanging and completing on Friday so surely they email over the doc anyway and put the original in the mail. So what bloody difference does it actually make?

Original is en route and I am tracking but it hasn't landed back in the Uk as yet.

Buyer solicitor said they won't proceed without the original on Friday. But again, the other solicitor is at the other end of the country so why does it ducking matter if it is the original or not.

I feel like my solicitor is just rolling over and saying 'nothing' she can do.....

Yes, you can sign the transfer deeds using electronic signatures. It was something that was always in the works but got fast tracked when lockdown occurred.

Companies like infotrack do electronic signatures. Your husband would need to sign electronically, along with your husbands witness. There would be extra questions to answer to confirm identity. The conveyancer would then issue a certificate along with the electronically signed transfer deed to the land registry to confirm everything is correct.

@Figmentofimagination thank you. I had to explain this to my solicitor. Tbey weren't aware. I don't know how they can operate if they aren't keeping up with new processes and regulation.

I am super stressed out and didn't need to be.

The irony is that they are a armed forces covenant gold award winner. I may have emailed the senior conveyancer and said that the gold award is not a paper weight 😂 and that how did they not know about electronic signatures!!

@careerchange456 quite possibly! It is a small base! Mine is on a ship.

@halloumihalloumi all the advice you have been given about the electronic signatures is correct. I’m pretty appalled on your behalf your sols don’t know about this.

The Land Registry made a pretty big deal about it when they did it as part of the cOVID measures etc

@Jimdandy me too!

I did say as much to the senior conveyancer. Especially due to where they are located, they likely have lots of military clients. Seems Like a no brainier to me

@halloumihalloumi there is a guide on the land registry gov website about executing deeds and electronic signatures, and what the requirements are for the land registry.

@Figmentofimagination I have sent on to my solicitor and the senior conveyancer.

I have a proper stress headache and 2 massive work projects.

Use Adobe software!

[quote halloumihalloumi]@careerchange456 quite possibly! It is a small base! Mine is on a ship. [/quote]
Ah, mine is on the base.

Really hope your solicitor gets this sale sorted for you ASAP!

Sure Fedex is in Bahrain - won't they go to the army base there to collect the signed document and then send it to the solicitor in UK?

@halloumihalloumi

But the buyers solicitor doesn't see the original signature on Friday. So why does it matter if it was signed and scanned and emailed?

It's just the way it is. Might not suit you, but unfortunately it's the way it is. On exchange of contracts both solicitors need to have the original signed document in front of them. Your solicitor isn't just being difficult.....they're following the law and they're open to legal action and potential strike off if they don't comply. Stop being bratty.

I think some confusion is around the fact that it is YOUR solicitor who has to confirm they have seen the 'wet ink' signature (until the covid rules changed to allow electronic signatures). Because of the fact that your solicitor is a registered legal professional, their confirmation they have seen it is sufficient - the buyers' solicitor doesn't have to see it as well.

@Doghead it is not bratty to not want to lose 5k

@notalwaysalondoner electronic signature has been approved by the land registry for almost a year

can't he get a notary (maybe via services?) to witness his signature sent via the services to UK?
Can you approach his armed services family liaison for advice?

This happened to me when we were buying our first house in London in 1996. I just forged my husband’s signature. No one was any the wiser and I didn’t see the issue as I was essentially acting in his behalf.

Also, they are not allowed out of the base in Bahrain because of the pandemic. Usually they would be able to go Out and about.

After a stern email to the senior conveyancer they seem to have gotten their act together and sent it through to my husband via email for electronic signature.

Fingers crossed all sorted!

All electronically signed. And the senior conveyancer emailed me back and said they do have docusign! So why the hell didn't they just suggest it at the beginning. Nightmare.

Almost there! 🤞

Yay OP! Hope it all goes through smoothly now.

Hope it all goes through for you now OP!

All going well. Money transfer all without issue. Exchanged yesterday and just moving out today! Lucky with the weather I think! The original deed from Bahrain never made it!