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Deeds of trust not done before completion

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  • Deeds of trust not done before completion

    My partner already owned his house and added me to the mortgage and title deeds. We instructed a solicitor to also complete a deeds of trust. However, this portion of the work hasn’t been done and we’ve never seen any documentation to sign.

    We completed the remortgage on Friday and the funds have been released. The solicitors are now saying the deeds of trust is billed separately and has put us in touch with another solicitor within the firm to complete this.

    Where do we stand legally without the deeds of trust being in place before completion? If one of us refuses to sign it what happens?
    Tags: None

  • #2
    In that event, you do not have a completed and formalised agreement. That may be storing up problems for the future. You may be wise to keep evidence of the communications with the solicitor to show what instructions were given and by whom, in other words the intention of the other party prior to the decision not to sign.

    But hopefully this will prove to have been a hypothetical question.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      It would not be uncommon to split the tasks up in this way. Drafting a deed of trust can ake some time, and conveyancing completions often just happen out of the blue.
      Do as Atti says.

      Comment

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