Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Flip

1 2 3 4

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:

Potatosaladfiend · 31/01/2022 20:07

OP when did you sign the transfer?

TheHoptimist · 31/01/2022 20:11

It is not unusual to request funds early- but usually the day-possibly 2 days- before not weeks before.
Your solicitor sound slick they have jumped the gun and requested the funds before they had all of the paperwork.

You have not completed on the sale. Have you exchanged? Usually you exchange and then complete-this can be on the same day (which is sometimes why funds are requested the day before) but completion is more typically a week or more after exchange.

The solicitor will have the money still. It doesnt go to the seller until completion. Then the keys are released.

Is your solicitor an actual solicitor?

TheHoptimist · 31/01/2022 20:15

What is odd is that the solicitor has to confirm to the bank that everything is in order before requesting the funds. If there is an issue with the deeds then they couldn't have done this?

Is it help to buy in any way?
My DD and her friends all used help to buy ISAs and that caused an issue with getting the funds in time for completion as they needed more notice to release the bonus.

MadeForThis · 31/01/2022 20:18

So your solicitor has the mortgage money. But they haven't completed. Yet you are paying the mortgage.

The seller is still in the house?

It sounds like your solicitor has made a massive request in drawing down the mortgage money before the searches and paperwork is finalised. Is she very junior? Could another solicitor have caught a mistake and stopped her proceeding?

You need to speak to the partner in charge and find out what has happened.

BernadetteRostankowskiWolowitz · 31/01/2022 20:22

I think you need to put in a Subject Access Request to the firm.

MiniCooperLover · 31/01/2022 20:23

Your solicitor has done something wrong here. You need to go to the managing partner and do it straight away.

damelarue · 31/01/2022 20:26

Christ almighty I’m about to put my
House up for sale and this has totally put the willies up me.

You need to speak to the senior partner and donor tout suite

damelarue · 31/01/2022 20:26

*do it

GreenLunchBox · 31/01/2022 20:28

@itwasntaparty

This is bizarre. Go to the house with a locksmith, get the locks changed and take possession. has the vendor vacated?

This

SeasonFinale · 31/01/2022 20:31

OK So you haven't completed at all. Have you ascertained whether you have actually exchanged too?

20week · 31/01/2022 20:36

The solicitor must have mucked up big style. The mortgage shouldn't of been drawn down if there were issues with the paperwork. Usually once all the paperwork is sorted the solicitor will say to the bank we want the money on x date and if that's okay that's the date that will be set for completion.

LittleLadyCece · 31/01/2022 20:56

If your solicitor requested the draw down of your mortgage monies (which she shouldn’t until she is satisfied all the legal work is completed and you have agreed an actual completion date as in move in date) then she only has so long to hold them before.

These mortgage funds must be returned back to the lender if exchange and completion does not take place. If that solicitor is still holding your mortgage money (not to be mistaken with your deposit) then that solicitor is in serious trouble. Complain to the senior partner tomorrow and ask for a thorough breakdown of what has happened and what will happen going forward

Doubledoorsontogarden · 31/01/2022 20:58

Get senior partner involved, you still want this house. Don’t pull the plug. Your solicitor has dropped the ball somewhere. It can be fixed

Socialcarenope · 31/01/2022 20:59

Ok, making more sense.

Solicitor has messed up - they have requested the funds too early and then realised they don't have everything in place to exchange.

Ask the bank to take the mortgage money back. You might have to reapply for the mortgage which will massively delay the purchase. You can request compensation for this from the solicitor if you incur additional fees (e g mortgage arrangement fee or survey costs).

Have you exchanged? Because you risk bigger costs if you have.

Dimondsareforever · 31/01/2022 21:14

The bank releasing funds doesn't confirm completion. Completion happens when your solicitor transfers those funds to the sellers. And this happens when all the paperwork is done.

It’s normal to ask for the funds to be released a day or 2 before completion.

However, I do wonder why the solicitors requested the funds when the paperwork wasn’t ready.

Had you actually exchanged? Assuming it’s not a new build, when you exchange you are both legally bound to complete on x date. (And the solicitors will request the funds a few days before so they can ensure the funds are in their bank ready to send over on the day).

If either party faults on completing on that day, then you are able to sue.

Either way, just because the bank has released, if the sellers don’t have the funds then you haven’t yet completed!!

LaChanticleer · 31/01/2022 21:42

Your solicitor sounds totally incompetent. Contact the Law Society.

billy1966 · 31/01/2022 22:17

How awful.

Agree it sounds like your solicitor has messed up.

You need to insist a senior at the firm gives you clarification.

This sounds the basis of a complaint to the Law Society.

How terribly stressful for you.

SeasonFinale · 31/01/2022 22:33

@LaChanticleer

Your solicitor sounds totally incompetent. Contact the Law Society.

Don't contact the Law Society. This is completely incorrect advice.

If you want to complain follow the procedures in the initial client care letter sent to you by the solicitor and of then they do not resolve the matter you complain to the SRA.

CaveMum · 01/02/2022 12:36

Hope you’ve been able to get hold of someone to make a full complain this morning @Goldenelephant123

DelphiniumBlue · 01/02/2022 21:52

The solicitor should have returned the funds to the bank if they were not able to use them for completion. They are not allowed to just sit on the money.
I would say that the solicitor is very inexperienced, and I wonder if you ask for someone more senior to deal with the matter.
I hope you have already complained to the senior partner, this should be setting alarm bells ringing as far as they are concerned, they are in breach of their obligations to you and the lender, and should be accounting to you for any loss caused by their failure to follow the protocols. You should be able to speak to someone who sorts this out pronto, explains your options clearly, and takes action to put it right. Your solicitor's attitude is not acceptable.

Whadda · 02/02/2022 17:50

The solicitor should have returned the funds to the bank if they were not able to use them for completion

This!

We had a similar situation with a purchase last year.

The vendors’ solicitor was awful and delayed completion without telling anyone. In the meantime, the bank released the funds in-line with the original completion date.

Once our solicitor spotted it, she contracted me, and I spoke to our mortgage manager. The solicitor returned the funds to the bank, and then we were able to give an alternative date for then to be released.

From speaking with our solicitor, it’s not a hugely common occurrence, but there’s a process in place for making sure the buyer doesn’t end up paying a mortgage on a property they don’t yet own.

Ikeptgoing · 02/02/2022 18:33

I agree with everyone else

Go to website for solicitors firm and raise a complaint asking for explanation of exactly what has been done and what is delay, in line to senior partner with advice you have already had. She has messed up if you are in England. So pls advise Which country are you buying the property in - as most on here are telling you English law. List out all your extra costs as you should not be paying a mortgage on property you haven't completed on, if solicitor has messed up and is keeping it in their firms bank account!!!

I mean she has ONE job! It's her responsibility to make this work right - that's why you pay her!

NameGoesHere · 04/02/2022 17:36

Have you got the keys yet?

toddybell · 06/02/2022 14:33

Any update OP?

Ilikewinter · 06/02/2022 15:02

Wow this sounds like a total nightmare, is it sorted op?

Flip

1 2 3 4

Swipe left for the next trending thread