Can you sue mortgage provider if the fail to transfer funds by completion day?

[Batsaboutcats]

This has just happened to us leaving us in breach of contract.
The reason being they decided on the day we were due to complete to issue a new mortgage offer to add a new clause. Which then invalidated the tittle and meant they couldn’t release the funds until they had sent out the new title and had it returned signed. This caused a 2 day delay, and lots of problems for everyone.
The clause was regarding some of our money being a gift from a relative. However the provider new about the gift for at least 2.5 months, and they had asked our relative to sign documents to say that they relinquished any claim on the money or the property.
We are now liable to pay the interest incurred to other parties and to pay damages. (Removals, storage, hotels)
Can we make a claim against the mortgage lender?
This was completely out of our control.

As a side note our solicitor only informed is of this the day of completion.

No, you can't.

Having worked in conveyancing I would clarify/push back to get more info from your solicitor. Solicitors usually get funds the day before completion and certainly should have been doing their pre-completion checks in advance on the day before to see where funds were and this ought to have come to light sooner..

Your solicitor almost certainly wouldn't have known until the day of completion when the money didn't turn up.
That's why simultaneous exchange and completion can be such a good idea, no obligation until the money is in the solicitor's account.
Or two days between as that's the max the solicitor can hold funds for.

Update: We have had all our cost reimbursed from our mortgage provider. Nearly £5000

Glad you got it resolved. Were you out of pocket fo the other parties during that period?

Glad you got it back. I would have suggested complaining and then ombudsman if needed as the provider had the information to identify this before completion.