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Solicitors 'silly errors' on TR1

5 replies

Beckamaw · 27/05/2013 11:57

Any independent advice on this would be very welcome.
Backstory - DP and I moved in together late 2011. Each have 2 DCs from previous marriages and now a baby together. Previously both homeowners. Ultimate plan was to buy a home together and sell both. Tried to sell his to move into mine, but eventually sold mine and moved to his. Geographically it was rubbish, but we have managed.
Still couldn't secure a buyer on this property, so decided to buy another and rent this out until market improves.
All mortgages approved quickly. We exchanged on Friday.
Complication: his ex wife (remarried for some time) is on deeds/mortgage for his house. The consent order was sorted on divorce. She took pretty much all of the equity and bought with her husband (who was the reason for divorce). Their children reside with her and her husband.
DP could not get mortgage in sole name, due to self-employment. He paid mortgage independently and it is all amicable. No issues with her.

We sorted paperwork to transfer property to DPs sole name. I cannot go onto mortgage as I am no longer a home owner (!) but all equity needed to remortgage is coming from me. We have arrange a deed of trust to cover, and I will co-own new property.

So, TR1 arrives, duly signed by his ex. He needs to sign and return immediately. Except they have put her name down as transferee, and put the wrong residential address on the form!!
I immediately contacted solicitor who said 'Oh dear. Silly error, but it is fine. Sign anyway and we will reprint the page with errors on. Signatures are on another page, so it doesn't matter.'

I can't see how this can be fine! She has run this through her solicitor, who presumably holds a copy. DP is reimbursing her associated costs (minimal), so it wasn't just a case of signing the last page. She is now on holiday for 2 weeks.

I believe that the whole thing needs recreating properly and signing with a witness.
Completion date is this Friday, and they want to process simultaneously; although our purchase does not depend upon this remortgage anyway.

Am I right, or is our solicitor?
Thank you.

OP posts:
mumblechum1 · 27/05/2013 12:45

Well, it's only a two minute job so I think that her sols should simply have apologised and sent you Page 1 to be stapled to the signature page, unless they would have had time to get her to re-sign as well, in which case they should have sent out the whole TR1.

Domaby · 27/05/2013 16:40

Legally it does actually invalidate a deed if you take it apart and staple the signatures to another version (even if it's just to amend an error). you really do need a whole new copy.

Beckamaw · 28/05/2013 13:47

Thanks. I finally phoned Land Registry who advised that it is fine to amend the first page, providing that the intention is conveyed correctly on the document that they file!
I am astonished! Shock
I have amended everything with signatures, and have copies of everything. It was OUR sol who drafted the incorrect document, but I am amazed that you can just amend a legal document after it has been signed and witnessed.

OP posts:
Xenia · 28/05/2013 14:22

It certainly could cause doubt later as to who agreed what so I would keep all emails and correspondence about it in case someone disputes later that what was filed was correct.

LandRegistryRep · 31/05/2013 12:16

Our guidance is that if the need to correct or amend an original deed is discovered after it has been executed, but before any application to register it has been made, the appropriate course is to arrange for the original deed to be altered so as to give effect to the parties' true intentions before it is lodged for registration.

All alterations to the deed must be authenticated by the signatures of all the parties against each amendment made.

The real issue for all parties is whether the final document is correct to the satisfaction of ALL parties. If it is then the issue of amendment and how and when it occurred is far less than if one party contests that accuracy.

As the amendments should be authenticated by all parties it is invariably prudent to simply execute a second but correct document. However your solicitor should be advise you on this and not Land Registry.

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