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Solicer closing- deeds not completed

  • 26-02-2010 7:28am
    #1
    femur61
    Registered Users, Registered Users 2 Posts: 1,588 ✭✭✭


    Our soliciter notified us he is closing and when I went to get the deeds of the house he hadn't received the final part from the registry office yet 5 years later. He said he will be contactable and is liable to forward the deeds onto the mortage holder when all is fully completed.

    I am at a loss now what to do next.


Comments

  • #2
    Maximilian
    Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    femur61 wrote: »
    Our soliciter notified us he is closing and when I went to get the deeds of the house he hadn't received the final part from the registry office yet 5 years later. He said he will be contactable and is liable to forward the deeds onto the mortage holder when all is fully completed.

    I am at a loss now what to do next.

    Closing what exactly? His file? I assume the transfer deed (and mortgage) is still in the Land Registry pending registration. 5 years is a long time but not unheard of. And yes, if there is a mortgage, the deeds go to the Bank.

    What's the problem exactly?


  • #3
    Cunsiderthis
    Closed Accounts Posts: 471 ✭✭Cunsiderthis


    I read it that he is winding up his practice (but its not clear), as a lot of smaller solicitors have done due to the increased insurance costs in late 2009.


  • #4
    Grawns
    Registered Users, Registered Users 2 Posts: 2,170 ✭✭✭Grawns


    Normally the solicitor would forward the deeds to the bank, if he has not done that after 5 years I would worry.

    Happened to me you see and it turned out the deeds had just been sitting in his desk for 10 years. Had to get the Law Society involved. He had never registered the property change of ownership or done anything it seems. Just cashed the cheque! He did the same to my sister and many others.


  • #5
    maidhcII
    Closed Accounts Posts: 72 ✭✭maidhcII


    Maximilian wrote: »
    Closing what exactly? His file? I assume the transfer deed (and mortgage) is still in the Land Registry pending registration. 5 years is a long time but not unheard of. And yes, if there is a mortgage, the deeds go to the Bank.

    What's the problem exactly?

    There is no reason anything should be in the land registry 5 months, not to mind 5 years, I would suggest it is unheard of.

    I wouldn't worry unduly about it. The law society and bank will ensure the matter is dealt with if the office is closed.


  • #6
    juke
    Registered Users, Registered Users 2 Posts: 1,673 ✭✭✭juke


    maidhcII wrote: »
    There is no reason anything should be in the land registry 5 months, not to mind 5 years, I would suggest it is unheard of.

    Absolute nonsense!

    5 years is a long time - but not at all unheard of. Any new property (involving subdividing an existing plot) regularly takes years before registration is completed.


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  • #7
    EC1000
    Registered Users, Registered Users 2 Posts: 1,336 ✭✭✭EC1000


    maidhcII wrote: »
    There is no reason anything should be in the land registry 5 months, not to mind 5 years, I would suggest it is unheard of.

    I take it you have never dealth with the Land Registry! 5 years is definitely not unheard of I'm afraid.


  • #8
    maidhcII
    Closed Accounts Posts: 72 ✭✭maidhcII


    EC1000 wrote: »
    I take it you have never dealth with the Land Registry! 5 years is definitely not unheard of I'm afraid.

    Yes, I have dealt with them extensively. The only "undue" delays I have ever experienced in recent times was during a changeover of Cork to digitised mapping last year, they put an embargo on everything for a few months, there was one file which was hanging around a while, but a letter to the LR in waterford got it moving. They are now very efficient (when not on a work to rule).

    I know mapping can be a bit slow, but not to the extent of 5 years, nothing close to it.

    Lets face it, not every solicitor showered themselves in glory when doing the necessary stamping and registration. If they had we would not have got the new solicitors undertaking which imposes reporting obligations and our PI would not have gone up as it did.


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