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I have recently got divorced and i have instructed a solicitor to handle the house stuff
Removing the ex from the deeds
Removing the ex from the mortgage
- Santander have given me a mortgage offer (same terms as i am in now, apparently they cant just remove a name so its a new offer as they need to do affordability checks ect )
no payment to the ex is being made on the property, we have a concent order that dealt with all the financial payments at the start of the year. so its just a case of sorting the deeds and mortgage.
Anyhow i had the mortage offer 4 months ago and its been with the solicitor ever since, my solicitor says they are still dealing with all the conveyancing issues as its treated as a full purchase (searches ect)
Does this all sound right ? i have sold and bought quicker than this in the past, and searches ? really ? i all ready own the property so effectively buying it from myself.
just need a sanity check, cheers
They do need to cover themselves and the mortgage company to make sure a motorway extension (or whatever) isn't going past the front door since you last bought it.
But 4 months is taking the piss.
Having just purchased a house I can confirm the process now is a right ball ache, I did it in 2.5 months by managing (badgering the crap out of ) the solicitors and clients. Previously I achieved this in 19 days.
Yours does seem to be extended at 4 months, I would question the solicitor to ask where the holdups are and work with them to resolve them.
4 months is a bit mad as you aren't effectively waiting on a chain. We managed it in 2.5 last year but it took a lot of phone calls, but we need to move out of our rental before I went mad!
As above. There is no chain so all you need are searches. These should only ~14 days tops.
Sounds wrong to me. I just do commercial property work but the searches are practically the same. Once you've paid for the searches it's generally 3 weeks tops. There are a very few local authorities who are slow (e.g. Bridgend if you are in Wales)but most searches are back within 1-10 days. I would ask whether Santander really required searches. As a favour to a commercial client we did a transfer following a friendly divorce. Ex got the property and he pays the mortgage. I've just checked my file - we did not need to do any.
and searches ? really ? i all ready own the property so effectively buying it from myself.
The searches aren’t really for you, they are to protect the mortgage company.
But four months is a pisstake really.
You are bottom of the pile as everyone else in the pile has deadlines to meet and chains that all need to fall into place on a particular date.
You, don’t. So they aren’t bothered about keeping you waiting.
Cheers for the reply's, much appreciated xx
Been through the exact same thing
Taking ex-wife off title deeds
Not remortgaging with current lender but was switching from interest only to repayment.
It took 9 months!!!!!!
The lender was fine, the lawyer was the most useless cretin I've ever had the misfortune to deal with and I rue the day I asked friends for a recommendation for a lawyer. It should've been the most simple transaction possible, but it turned into a major pain.
Oh, and the lawyer told me up front the cost would be £395+VAT and "a few search fees". Final bill was about £1,600 as there were so many hidden costs buried in the small print. For example, "sending letters" automatically added £80 to the original £395. How they expected to do their job without the possibility of sending a letter is beyond and it should've been included in the base cost, not a hidden add on. Similarly, "dealing with a 3rd party" incurred a charge of £150. Again, how they would expect to do a title transfer without a third party is a mystery. Absolute scammers of the highest order.
Is it an internet conveyancing firm or one included with your mortgage?
You would just get a 'no search' policy of indemnity insurance for a few quid that would protect your mortgagee (no need to do searches - it is what most lenders do on a re-mortgage)and then up to date bankruptcy searches against you and your ex, again a few quid and instant return, and then a simple transfer of equity between you and your ex transferring the property into your sole name and reciting the consent order - a few days work once the mortgage offer was in and assuming your ex will sign the transfer deed.
The solicitors are lazy chancers.
I'd recommend going to another firm, but they'll be exactly the same.
The ONLY way to get your work done by them is to make yourself such a thorn in their side that they do the work just to get rid of you.
At least you have the advantage of them not being able to just lie and say it's the "other side" that are causing the delays.
Call them every day for an update - things will miraculously start moving.
I despise all conveyancing solicitors. And estate agents.