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F E Smith
F E Smith, Advocate
Category: Property Law
Satisfied Customers: 17633
Experience:  I have been practising for 30 years.
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My mother died 18 months ago, leaving her house to 6 of the

Customer Question

Hi.
JA: Hi. How can I help?
Customer: My mother died 18 months ago, leaving her house to 6 of the family. I immediately proceeded th buy the property from the rest of the family. I needed a small mortgage, as I am almost retiring age, which was granted immediately. Ever since, I have had solicitors wasting time, and doing absolutely nothing. I am about to loose the property, as the family's patience is running out. This is the second group of solicitors I have had on the job, and as the first, they are ignoring me compketeky, not answering calls, and plodding on at their own pace. Is there anything I can do to speed them up, before it's too late
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I am presently waiting for the search report coming back. It's 2 months since the searches were completed, and they will not even comment on why it is taking so long.
JA: Where is the house located?
Customer: Waterhouses, |County Durham.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I contacted the first group of solicitors after 9 months, demanding reasons why there was no progress, and why they were ignoring my calls. Even the seller's solicitor is extremely frustrated.
Submitted: 23 days ago.
Category: Property Law
Expert:  F E Smith replied 23 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

for background -

the family are being paid out their share by yourself?

and what exactly is the issue with the sale?

have you made a formal complaint to the solicitor?

Customer: replied 23 days ago.
I am paying £20,000 cash, and £27,00 from a mortgage. This mortgage offer has been extende 3 times. My share from the estate will be used to modernise the house.
Customer: replied 23 days ago.
I have made several complaints by e-mail, telephone, and letter, without a response from any. I was just about to telephone again when the seller's solicitor asked me not to until he had spoken to them again. The previous solicitors declined to continue working for me after I made a very strong (but justified) complaint more than six months ago.
Customer: replied 23 days ago.
Sorry, I missed one of your questions. The sellers solicitor can not see any issue. My solicitors will just not communicate with me, so I am unable to discover if there is a problem. I just want these people to wake up and do the job that I am paying them to do.
Expert:  F E Smith replied 23 days ago.

I cannot for one moment understand what the delays because with no chain and you already have a mortgage offer, it’s probably about as simple as it gets.

I assume that the GBP47,000 that you are paying for the property takes into account your share and has been agreed not just by the executors but by the other beneficiaries.

Your solicitor is probably in the best position to ask the executors solicitor whether and when they are going to be in a position to exchange.

With regard to your own solicitor, if you have not already made a complaint to the firm’s Complaints Partner then you should do so now. If nothing else they should be telling you what the delays because there is no reason why this shouldn’t have been completed in under six weeks, never mind six months.

When the whole matter has resolved then make a formal complaint in writing to the Legal Ombudsman and I would do that in respect of the conduct of this firm and the previous firm.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.

Best wishes.

FES