• If My Lender Is Happy To Release Funds But My Solicitor Will Not Send A Certificate Of Title

    By Guest on 26th Nov 2016

    our mortgage provider is happy to release funds for our purchase but our solicitor will not provide a certificate of title what can we do?

  • 6 Answers

    By Guest on 26/11/2016

    The certificate of title is the solicitor's warranty that it has inspected the title in accordance with the lender's instructions and complied with any other obligations to the lender and that the title is good and marketable and it is safe for the lender to lend, so yes the lender will be happy to release funds on receipt of a clear certificate of title because it can then rely on the solicitor's warranty. If your solicitor won't sent it then presumably this is because there something outstanding which prevents him from safely providing this warranty. He will not submit the certificate if his investigations into the title etc are not complete because to do so would leave him open to be sued by your lender for negligence (even if you signed a waiver of your own rights). Speak to your solicitor about what is preventing him from submitting the certificate

  • By Guest on 26/11/2016

    There is an outstanding condition on the planning regardung the access to the driveway entrance kerb needing to be dropped but this is in hand with the county council and are just awaiting a date.

  • By Guest on 26/11/2016

    On the face if it then it sounds like the matter can't proceed until this is actually resolved but it's difficult to make any definitive judgement without a more intimate knowledge of the case. I would recommend you trust the advice of your conveyancer, who is after acting in your interests

  • By Guest on 26/11/2016

    Thank you for replies. We are only borrowing a small amount of mortgage for our purchase so coyld there be a chznce that our lender may waiver thrir rights too? I do hope so as our chain us in the verge of collapse as we are into our 13th week

  • By Guest on 26/11/2016

    If your solicitor hasn't already he can write to the lender and set out the facts and the lender may or may not (usually not I'm afraid to say) agree to proceed. Best of luck!

  • By Guest on 26/11/2016

    There are 2 properties together and the other house have a moving date. Is this possible?

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