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Sep, 2014

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  1. #1

    Default 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. #2
    Join Date
    Apr 2006
    Location
    Hampshire
    Posts
    1,047

    Default

    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.

  3. #3

    Default

    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.

  4. #4
    Join Date
    Jun 2008
    Location
    Andalucía
    Posts
    9,566

    Default

    Quote 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.

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