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All ready for exchange on a New Build house and simultaneous exchange on the sale of our existing property. At the last moment our mortgagee's solicitor wants a legal undertaking from the developer that an RX4 and associated certificates will be provided to our solicitor to facilitate the removal of three restrictions from our plot title following completion and so to enable the mortgagee's charge to be registered. 1. The solicitor for the developer has effectively made such an undertaking in response to a specific inquiry nearly 2 months ago. 2. It has been pointed out to the mortgagee's solicitor that this would qualify as an undertaking using the SRA definition. 3. Mortgagee's solicitor says this isn't enough and demands a LEGAL undertaking for the mortgage to complete. 4 Developer's solicitor says it is against company policy to provide LEGAL undertakings. 5 Our solicitor offered an undertaking to use her best endeavours to obtain documents from the developer, pointing out that she can't provide an undertaking that relies on action by a third party. This was also refused by the mortgagee's solicitor. All of this when our solicitor confirms that in the many house purchases on this development that she has been involved with she has never been required to seek a legal undertaking from this developer who has never failed to provide the RX4. So unless either the developer or the mortgagee's solicitor gives way the chain will imminently collapse. Any advice as to what could be suggested to either of the two solicitors to resolve this stalemate would be very very much appreciated.
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