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Can solicitor request funds earlier?

9 replies

Flyingthenest5 · 28/08/2021 01:20

Just a general query, which I'm sure somebody on here will know the answer to..

Can my solicitor request release of funds from the lender weeks before completion and without an exchange or completion date set yet?
I understand this would incur a lot of interest on top of the monthly payment, but putting that aside is that something a lender would allow?

Say I wanted to complete on the 17th of September would they release the funds on the 10th, or earlier if requested?

Thanks a lot Smile

OP posts:
Flyingthenest5 · 28/08/2021 01:24

Sorry - I haven't worded my last post very well. Say I was hoping to complete by that point but we don't actually have the date set in stone yet...

OP posts:
LoveFall · 28/08/2021 01:27

It would seem highly unlikely that any lender would advance mortgage funds until completion as a mortgage is secured on the property itself.

Flyingthenest5 · 28/08/2021 01:30

Thanks for your reply @LoveFall. What if I wanted to exchange and complete on the same day? Spoke with lender yesterday who said that they would need 5 days notice requesting release of funds, so a same day exchange/complete would be fine.

OP posts:
LoveFall · 28/08/2021 02:19

If solicitors are looking after it (and this is based on Canadian practice which I expect is very similar) then the funds can change hands on the same day based on the solicitor's undertakings. An undertaking is a promise that something like exchange of funds can take place because the solicitor promises the title will be registered or something similar.

A solicitor cannot make an undertaking unless they know they can satisfy it. So they can't for example promise to register a mortgage unless they have all the documents to do so signed and ready to go.

user1487194234 · 28/08/2021 05:43

Funds are requested in advance of the completion date but for the completion date and have to be returned if there is a delay

Ladyflip · 28/08/2021 06:28

The solicitor has to sign a certificate of title to confirm that the property meets with the lender"s requirements. They have to have completed all the investigation work before they can sign it and request the funds. Once they receive the funds, they have to advise the lender if they don't complete on the day they requested the funds for, and get permission to hold the funds for extra time. Lenders will usually require funds to be returned after about 4 days of non completion.
So it is very unlikely you would get the funds weeks before completion.

SpeakingFranglais · 28/08/2021 06:40

Throwing into the mix here.

DD was meant to exchange on the 26th and solicitor requested the release of the funds but the chain got held up. I think the solicitor forgot to cancel it with the BS so the funds were transferred and DD got an email from the BS with her first payment.

The solicitor apologised and returned the funds the same day, she didn’t seem flustered or concerned about the process nor did the BS when contacted.

Lonecatwithkitten · 28/08/2021 07:39

Why would you like the funds released earlier. IME solicitors know when to request funds from different banks to ensure everything lines up correctly.
I can't imagine a benefit in the funds being requested earlier than needed.

Barton10 · 28/08/2021 08:53

I work in conveyancing and it is practice to get the funds in the day before completion. If completion does not take place on the completion date we have advised them of then we can hold the funds for a couple of days before they need to be returned to the lender. Solicitors have strict rules as to how long they can keep money in their accounts too.

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