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Original poster

No keys to house

78 replies

Goldenelephant123 · 31/01/2022 13:25

I bought a house in august, there has been a lot of confusion and it was taking forever to sort out, on the 18/01/22 they said everything was now sorted and my mortgage had officially started etc so we ring the estate agents for the keys and they say they can’t give them out as paperwork is not sorted out properly. We’re very confused, I have spoken to the bank and they’ve said they have never come across anything like this before but can’t really do much to help ..
We have now had to extend our time with our current landlord and cancel furniture delivery’s etc. Today when speaking to the solicitor she said the deeds hadn’t come in the post and she can’t confirm when it will be sorted (that’s the first time she has mentioned the deeds) .. I have tried to ring her and she won’t get back to me .. do I have any rights? What should I do ?

OP posts:
Lochroy · 31/01/2022 15:47

What country are you in and who did you buy the house from (previous owner/developer etc).

Most importantly, where is your solicitor in all this?

Aprilx · 31/01/2022 15:48

@Goldenelephant123

I bought a house in august, there has been a lot of confusion and it was taking forever to sort out, on the 18/01/22 they said everything was now sorted and my mortgage had officially started etc so we ring the estate agents for the keys and they say they can’t give them out as paperwork is not sorted out properly. We’re very confused, I have spoken to the bank and they’ve said they have never come across anything like this before but can’t really do much to help .. We have now had to extend our time with our current landlord and cancel furniture delivery’s etc. Today when speaking to the solicitor she said the deeds hadn’t come in the post and she can’t confirm when it will be sorted (that’s the first time she has mentioned the deeds) .. I have tried to ring her and she won’t get back to me .. do I have any rights? What should I do ?
What country are you in? Because what you say makes no sense whatsoever in England & Wales and presumably in other parts of the UK as well.
catchyjem · 31/01/2022 16:01

This surely can't be real. I've never heard of anything like it. Once the funds have cleared, the house is yours. I don't see what the deeds have to do with it. They can't withhold keys. You would be entitled to get a locksmith to open the house. It's legally yours. If what you are saying is true your solicitor must be incompetent.

2bazookas · 31/01/2022 16:15

I would contact your solicitor in a calm polite written /email message to say that there has clearly been some very serious mismanagement of the conveyance. You invite her written comment to help you identify the party at fault before you launch a full professional complaint. You intend to initiate said complaint at .

peachgreen · 31/01/2022 16:16

This... makes no sense. Are the sellers still living in the property?! How on earth have the bank released the funds without proof of ownership?!

kgov1 · 31/01/2022 16:24

As many posters have said, something is wrong here. If completion has happened, the house is yours and you should have the keys and if not, you are entitled to gain access by other means.

Call the solicitor firm who dealt with you and ask to speak to a senior partner and escalate your concerns verbally and in writing and keep an audit trail. You could be a victim of fraud, this is serious.

godmum56 · 31/01/2022 16:55

@BernadetteRostankowskiWolowitz

Agree re deeds. They don't get posted out. Usually the bank retains them.
Unless its a very old unregistered house, the bank doesn't want them either, the official information is kept on the land registry website including any charges against the house, and anyone can see it for payment of a small fee.
EdnaEmbra · 31/01/2022 18:40

Sounds very odd

Speak to your solicitor he/she will know what to do (although I'm confused as to how you've ended up in this situation tbh)

billy1966 · 31/01/2022 18:40

So you have completed the bank transfer of funds to pay for your home and are now morgaged on the house, but NOT allowed entry?

Something is very wrong OP.

This is not to do with the deeds.

BearPear · 31/01/2022 18:47

A friend of mine was buying a house and on completion date his funds went to the vendor except it was a massive fraud. He left his house that he had sold but couldn’t get into the new place - dodgy solicitors kept his money. He couldn’t get back to his old house because the sale had gone through and he’d handed over the keys in good faith. Absolutely awful situation that was dealt with by police but he was homeless for a while.

Original poster
Goldenelephant123 · 31/01/2022 19:07

I am in utter shock, I have just spoken to the solicitor and told her I wasn’t happy etc. she has said that I am obviously not happy with the work she is doing so I have 2 options 1 is to communicate with the other solicitor myself or 2 is to “pull the plug” and she will give me a refund within 2 weeks.. I have phoned the estate agents and bank for advice and they have said they have never had a situation like this ..
thank you everyone for getting back to me I will put in a complaint and make calls tomorrow

OP posts:
LIZS · 31/01/2022 19:12

You need to complain to the managing partner who should be named on the complaints process(ask for a copy). Assuming it is a solicitor and not a conveyancing company. The mortgage company cannot be happy that their loan is effectively unsecured.

kgov1 · 31/01/2022 19:15

When your solicitor says she'll refund your money, what does she mean? If completion took place the mortgage funds and deposit will have gone to the seller's solicitors so how could she get that back?

I wonder if she has requested the mortgage funds but not completed. Ask her to confirm exactly what has happened to date and the reason you can't have the keys in writing.

None of what you have told makes anybsense, what you have been told has happened shouldn't be possible.

catchyjem · 31/01/2022 19:15

What would she be refunding you ? What does it have to do with the other solicitor? Sounds very strange to me.

Lemonyfuckit · 31/01/2022 19:18

Is she a real solicitor? None of this sounds right. Your solicitor should have provided you with their complaints process and details of the managing partner when you engaged them, I would be straight on to that partner as to what on Earth is going on. Nothing your solicitor is telling you makes sense. If you have completed she can't refund you the money, as it would have gone to the sellers, and you couldn't 'pull the plug' either. Has she been lying, saying it's completed when it hasn't?

20week · 31/01/2022 19:23

This is either a huge miscommunication issue or your solicitor is up to no good. Have you definitely completed and the mortgage been drawn down? If these things had happened you legally own the house and there is no going back.

Why exactly aren't the EA handing over the keys? What's their latest story?

Alpinechalet · 31/01/2022 19:26

I would take your solicitors advice and contact the sellers solicitor and ask them to explain in detail why you have not completed and got the keys.

I would also contact CAB to see if they can help.

Once you have spoken to them then consider your next step.

Have you asked your solicitor why are you paying the mortgage on a home you don’t own?

I

stuntbubbles · 31/01/2022 19:31

Does she mean refund her fee? This seems unlikely.

LittleLadyCece · 31/01/2022 19:31

I’m an estate agent and reading between the lines are you talking about the mortgage offer coming in on 18/1?

You’ve said the solicitor has she can’t do anything as he deeds haven’t come in....does she mean that her relevant enquiries haven’t been answered including paperwork attaining to the property you are buying?

When the agent says they can’t release the keys....again is this because the relevant legal work including enquiries has not yet been completed?

Have you had confirmation from ANYONE that you have exchanged and completed? Has your solicitor expressly said you have now exchanged on this house?

So many questions apologies but your confusing post has confused me!

DelphiniumBlue · 31/01/2022 19:36

It's not up to the estate agents to decide whether the paperwork is complete, that is a solicitors job.
I think you need to ask your solicitor in writing to confirm that completion has taken place, that they have paid all the money due to the sellers solicitors, who should be on an undertaking not to release it until they are in a position to complete, that means release the properly signed documents to your solicitors and authorise handover of the keys
Are the agents able to explain what paperwork is outstanding?
If you are in England you need to contact the senior partner of the firm in writing, the complaints department of the Law Society ( can't remember exact name but they will direct you, and possibly the police if there has been fraud.
I can't see how your solicitor can use your mortgage money if completion hasn't taken place ... they are either negligent or fraudulent if they have done. Your mortgage company should be on this, as they stand to lose a lot of money.. go through to their fraud department too.
Unless. .. your post suggests that you possibly don't fully understand the processes or terminology, which is why I am suggesting that you get your solicitor to confirm everything in writing. There's quite a lot to unravel here. If you give more detail, answer the questions about exchange and completion that people have asked, then we will be able to give you more help.

Idontgiveagriffindamn · 31/01/2022 19:38

So when you said you bought a house in august you mean you offered? Your mortgage starts from the moment the money is drawn down which can be a few days prior to completion so things don’t get held up on the day of completion. You’re charged interest from the day the funds are sent to your solicitor.
Have you actually completed? Or has something happened that has stopped completion?
If it’s the former you own the house and can enter. If it’s the latter you don’t own the house yet.

Lochroy · 31/01/2022 19:49

Has your solicitor actually managed to give you a status update in terms of if you've actually exchanged?

PonyPatter44 · 31/01/2022 19:49

OP, check with your solicitor that you have actually exchanged and completed. These are specific legal terms when it comes to buying houses in England. It does sound as if possibly you have exchanged but not completed, which is why you can't get the keys yet. You don't legally own the house (and thus get the keys) until you complete.

Phone your solicitor in the morning and find out exactly where you are in the process. I think this may be a simple problem.

Mix56 · 31/01/2022 19:55

The solicitor is just backing out after a few questions ?

Original poster
Goldenelephant123 · 31/01/2022 20:00

Sorry for confusing post, the house went sale agreed in august and it took them 5 months back and forth on paper work.. recently the solicitor told the bank everything was in place and ready and asked them to release the funds .. they released the funds on 18/01/22 so my mortgage started then.. when we tried to collect the keys they refused and said they’re waiting on an email, now today there’s a problem with deeds..
my bank has said they have never known a completion to take 2 weeks normally maximum 3 days.. when questioned today the solicitor got upset and said if we’re not happy we can either communicate with the other people OR pull the plug and she will refund us our mortgage deposit..the solicitor said she cannot complete as there is a problem with the deeds and doesn’t know how long it will take to resolve .. the estate agent doesn’t want to give us the keys until we have completed.. I spoke to the bank today and they said technically we can “pull the plug” because it hasn’t been one full month and due to the circumstances but a solicitor shouldn’t be advising a client that!
I’m really confused and upset myself I am going to make a complaint tomorrow .. I feel as if she has messed up and is holding us to ransom now knowing we’re desperate to get in the house .. thank you everyone and sorry for the confusion

OP posts:
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