Can I secure full title guarantee ?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Can I secure full title guarantee ?

    Would greatly appreciate comments or suggestions regarding this matter.

    I bought a house in 2006 (freehold). The property was
    purchased from a developer which has gone into
    administration. The solicitor that acted for both myself
    and lender was intervened by the Law Society for fraud.

    I have a mortgage on the property but did not take out the inital mortgage with the current bank.

    But over that period I have discovered that the solicitor
    claimed to have passed on a full title guarantee could not have done so as the owners of the land refused to sign
    title over to the developers. At no point during the
    conveyance was I informed of the above. In my opinion, the solicitor was clearly fraudulent and grossly negligent.

    The Solicitors that acted for the Law Society could not
    find any original copies of title and no certified or
    notarized copies either.

    The owners of the land are only prepared to offer a limited
    guarantee and the bank are trying to force me to sign a limited title guarantee and seek to take me to
    court to enforce this.

    Am I in my right not to sign this as
    a) FTG does not and never existed as land owners never
    passed it on ?
    b) How can I ensure I get a full title?
    C) What are the implications if I accept or am ordered by
    the court to accept a limited title?
    d)I don't believe caeat emptor applies as I was induced to
    buy this property based on the fraudulent/negligence/
    misrepresentation of the solicitor?
    e) what the implications if I continue not to have any title

  • #2
    If the land owners are prepared to transfer the title to you but are only giving limited title gauarantee you are getting 99.5% of what you want. The difference between full and limited title gauarantee is usually of little signficance.

    I think you are confusing title gauarantee with whether or not you get an absolute title. If they have an absolute title tothe land they will transfer an absolute title to you even if they do so with limited title guarantee.
    RICHARD WEBSTER

    As a conveyancing solicitor I believe the information given in the post to be useful (provided it relates to property in England & Wales) but I accept no liability except to fee-paying clients.

    Comment


    • #3
      Thanks for the comment. I am a bit concerned that I might find it difficult to sell the house as I believe most buyers would be hesitant to purchase a house with a limited guarantee.

      Comment


      • #4
        Originally posted by tmate View Post
        Thanks for the comment. I am a bit concerned that I might find it difficult to sell the house as I believe most buyers would be hesitant to purchase a house with a limited guarantee.
        With respect I am not sure you understand the significance of "title guarantees". It is perhaps not surprising as the phrase is misleading. It has nothing to do with the solidity of your title. The phrases "with full title guarantee" and "with limited title guarantee" are legal shorthand for a set of warranties or covenants on the part of the seller implied into a deed. See section 3 of this guide: http://www.landregistry.gov.uk/profe...ctice-guide-48 When you come to sell the buyer will not know what title guarantee was given when you bought and it is in any event of no interest - all he is concerned with is what title guarantee you give.

        Comment

        Latest Activity

        Collapse

        • Title Deeds and Mortgage
          MAPTON
          Hi

          Not quite landlord related but hoping for some clarification one way or the other:-

          Is it possible for me to remain on the mortgage but to sign over house to spouse, ie, take my name off of the title deeds. This is a divorce scenario and I am wishing to remain on mortgage...
          22-07-2017, 15:36 PM
        • Reply to Title Deeds and Mortgage
          MrShed
          Presuming that what you are wanting to achieve is allow your spouse to remain in the property despite her affordability not being good enough, I would suggest that you either:
          1) Keep the current situation exactly as it is.
          2) Make a formal contractual arrangement to pay your spouse X money...
          22-07-2017, 16:51 PM
        • Reply to Title Deeds and Mortgage
          MrShed
          I would have thought virtually impossible. Think about it from the mortgagee's position - they have just effectively lost their security in the mortgage!...
          22-07-2017, 16:49 PM
        • Land registry trubunal
          Rosierees
          In our tribunal case the respondents solicitor has shown our witness statements to their witness s who in turn have put the info on Facebook and our witnesses have recieved threats !! Is this legal and what can we do now...
          19-07-2017, 12:08 PM
        • Reply to Land registry trubunal
          AndrewDod
          What kind of threats?

          In general (in theory) the law is supposed to be an open thing. After all anyone in the public (and on facebook) should be able to attend a court hearing, listen to what a witness has to say, and report on the matter. That is what keeps the system (sort of) honest....
          21-07-2017, 14:33 PM
        • Should I register a charge or a restriction on a property
          Joiner358
          We lent £15,000 to a family member who signed a loan agreement for the amount to be repaid on or before 30th September 2017. His circumstances have changed and it is unlikely that he will be able to repay this money by the due date. We would like to take steps to secure this money should his house...
          19-07-2017, 19:11 PM
        • Reply to Should I register a charge or a restriction on a property
          Logical.Lean
          I don't think you can....
          20-07-2017, 21:03 PM
        • Reply to Land registry trubunal
          Rosierees
          Thank you it seems really unethical...
          19-07-2017, 19:21 PM
        • Reply to Land registry trubunal
          Gordon999
          Make a complaint about the threats to the Police Station and to the Solicitors Regulation Authority. and to the Tribunal .
          19-07-2017, 16:02 PM
        • Upper flat with historic attic conversion - no search results = ok to let out ???
          bowsden
          Hello. First time landlord here. Am very near completion on an upper Tyneside flat that has 1 bedroom in the attic (total of 2). The conversion looks very very old to me and there is little or no insulation. In order to let this out, is there any ything I need to do? I.e. the present regs do not apply...
          13-07-2017, 09:43 AM
        Working...
        X