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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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My father is poorly and trying to sort out his final affairs,

Customer Question

My father is poorly and trying to sort out his final affairs, but the deeds for his home long paid for! Can't be found. The solicitors holding the deeds for 'safe keeping', closed without telling him where they were stored. I have contacted the SRA to try to locate the solicitors. After many many contacts we can't locate them. What do we do now we are running out of time.
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.
tdlawyer :

Thanks for your question. My name is ***** ***** may be able to help.

tdlawyer :

Is the land registered?

Customer: Hi Tony I could not find it on land register. I believe he purchased in 60's paid off in 1982
tdlawyer :

Hi! Okay, can I ask why you want the deeds?

Customer: No he wants the deeds at least to know where they have been stored before he dies
Customer: He also needs to finalise his will so at least wants a copy but has stated we can't trace
Customer: We ref to my mother and siblings
tdlawyer :

Okay. If they cannot be located and the land is unregistered, then he would need to "recreate the title". This means that he would need to swear affidavits or statutory declrations saying that he owned the land, when he purchased it, what it was used for etc., to try and evidence his possession and ownership of it.

tdlawyer :

Threre is no central register for "unregistered" land and so this is the only way to do it.

Customer: Ok how do we go about doing this? My father is 83yrs and not computer sassy (neither am I really) therefore he asked me to handle his affairs. Am I to contact an independent solicitor to sanction this process. It is my childhood home not a huge value but he has lived there for approx 30/40yrs he does have a final payment receipt old building society payment books prior to discharge of mortgage. That's all
tdlawyer :

Okay, I understand. To be honest, it would be easier for you to get a solicitor to do this for you, as they would be familiar with what is needed by the land registry to do all that is necessary. You obviously need to do something ASAP, especially if your father is poorly, and having professional help will make it happen more quickly for you. Do explain the urgency to any solicitor you look to engage.

tdlawyer :

The solicitor is liklely to visit your father and go through the issues that need to be addressed.

Customer: Solicitors holding deeds disband long ago. I tried potential firms it may have been passed to. Sra did a few traces too
Customer: Ok I understand how do I get a reputable solicitor? How long will this take? What costs are we looking at?
Customer: Did you say they could visit at home Tony?
tdlawyer :

Costs always vary considerably, but I would have though £1,500 to £2,000 might be about right. It does depend on the amount of work required though. As for which solicitor, that's a matter of personal choice really, and it's impossible for me to guide you really on that. The only thing I would say is that you should consider speaking to a few and making a judgment call on whom you think you would get on with and think would work quickly for you.

tdlawyer :

They could visit him wherever he is, yes.

Customer: I spoke to a lawyer in Bristol who was happy to visit him in bham. Should we stay local?
tdlawyer :

You have a lot of lawyers in Birmingham to choose from - there is no obvious reason you would want to use a solicitor so far away in Bristol.

Customer: Ok thank you Tony I think that is at least a starting point. I will get on it. I appreciate your advice. Regards Diana.
tdlawyer :

You're welcome, thanks Diana.

Customer: sorry about time when running on anxiety it becomes insignificant" thanks again. Good night
tdlawyer :

That's fine - don't worry!

tdlawyer :

Please do remember to rate the answer for me to end our chat. Thank you!

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