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Clare, Solicitor
Category: Property Law
Satisfied Customers: 34894
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My wife with her ex-husband bought a house. The mortgage is

Customer Question

My wife with her ex-husband bought a house. The mortgage is joint and the Land Registry has their both name on the title deed. They separated about 2 years ago and finalized the divorce over a year ago. By a mutual and a court's decision the house was given to my wife and she started a process to have her ex husband removed from the mortgage and the title deed. She hired a solicitor who was supposed to carry out the legal procedure. The mortgage offer from the bank was valid for 180 days. Towards the end of the expiry of the offer the bank started to send us reminder letters but the solicitor still hadn't prepared and had us signed the transfer Deed. We chased her up a few times but she assured us that everything is being done and she was waiting to hear from someone. I assume it's the Land Registry who are supposed to update the Title Deed. We just received a letter from bank saying that the mortgage offer has expired and it looks like the transfer has not taken place yet. We need the information about how the legal process was supposed to be carried out and where we're standing at the moment.
Submitted: 1 year ago.
Category: Property Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you.

In fact the Land Registry only become involved at the end of the process.

The solicitor should have done the is usual searches; prepared the Transfer documentation transferring the property from joint names to sole names and arranging for her ex to sign it and then sending the TR1 and the Mortgage Deed to your wife for signature and then completing the Transfer and arranging for it to be Registered at the Land Registry.

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
the solicitor was supposed to send all the documentation (TR1 and mortgage deed) to the bank? does the mortgage offer expiry letter mean that the solicitor has not sent the bank the documentation?
Expert:  Clare replied 1 year ago.

No, the solicitor is meant to send a Certificate of Title to the Bank and ask for the money to complete the remortgage - and the solicitor has clearly failed to do so

Customer: replied 1 year ago.
could the drawing of the transfer deed, sending a Certificate of Title been done only with my wife having signed only TR1 form?
- what is the remortgage money? My wife has been paying the mortgage for the last few years and she would continue to do so after the transfer.
- Please confirm that I understood the procedure and correct me if I'm wrong at any step:
1. My wife and her ex submit a TR1 form to the solicitor (her ex also signed ID1 form)
2. the solicitor prepares the Mortgage Deed and gets my wife to sign it.
3. the solicitor sends a Certificate of Title to the Bank
4 . The bank produces the required paperwork that can in turn be sent to the Land Registry
5. The solicitor sends an application to the Land Registry for the Title Deed to be updated.
Expert:  Clare replied 1 year ago.

You have said that there was a mortgage offer which has now run out.

This means that your wife must be taking out a replacement mortgage

The only error on your list is 4 - the bank produces nothing at all!

Customer: replied 1 year ago.
my wife spoke to the solicitors aide. she told her that there has been an application sent to the Land Registry.
Can it be that all the solicitor has taken all the necessary steps and the mortgage expiry letter was just an automated message?
(I have attached a picture of it)
Expert:  Clare replied 1 year ago.

That sounds as though it has all gone through and this is indeed a computer generated letter

Customer: replied 1 year ago.
what would you advise to do in this situation?
Expert:  Clare replied 1 year ago.

I would write to the complaints partner and say that you need an immediate update