solicitor draws down mortgage a week before completion

Hi,

Have could someone in the know please advise how I should proceed here.

Signed for house on 21st July and was advised the vendors wished to complete by August 10th. Our solicitor says it would be no problem, provided the vendors solicitor lived up to it, because there were 3 things he needed to see before he’d complete.
I asked him if he was closing for holidays and if that would hold us up, he assured me he wasn’t.

So, August 5th I get a call from the EA, saying the vendors solicitors has not heard 1 word from my guy, and worse still when they rang he got an answering machine saying they were closed for the week !

Lots of crap ensued in the following weeks but he drew down on our mortgage on the 14th of August ( I was assured we’d close that day), but after that I am cc’d on a mail asking the other side for the 3 outstanding things he needed !

Nothing doing till yesterday I rang him in a rage asking what was going on, he tells me that one thing is outstanding and he will have it today, he also told me the money had already been paid over so that would not hold us up.

Today, I couldn’t get him but the EA rings saying the vendors solicitor has been trying to get him since yesterday as they had furnished all docs requested Tuesday.
At 2 pm the EA rings to say our guy emailed their solicitor a confirmation of the money being transferred today, still no calls however.
I get a call from my solicitors secretary saying it wont complete but they dont know why! I told her I knew why it didnt and told her her boss was a cowardly little shit that he wouldn’t ring me himself.
He later mail me saying he “though he’d transferred it already”.

So he never asked for any docs till August 10th ( closing day )
He drew down on the mortgage knowing he didn’t have the necessary docs.
A week later he told me a) that’s normal b) that he’d paid c)its normal to pay before completion d) that he was waiting on 1 document ( which I am told he had since Tuesday )

So, do I have a case to demand 10 days mortgage payment plus interest for his messing ?
How do I go about it ?
Am I entitled to ask for all correspondence from both sides proving he did nothing before August 10th ?

Glad if someone could advise pls

thanks
Rob

Hey Rob,

I think you’re over reacting here and placing all the blame on your guy without knowing the full facts. And for what, a few days of mortgage payment (and interest!?).

10 days of mortgage payments is about €650 plus 1 weeks rent ( because I was held up moving ) = 500 quid, plus interest he may earn on my money in his account ( I realise how little it would be but its money earned on money I was paying interest on )

worked up over nothing ? are you a solicitor ?

All your facts are from the auctioneer? Maybe you should talk to your guy. And let me guess this straight - the other side instigated this by pushing for a quick closing date but then they were the ones who were holding up everything with the three outstanding documents?

fair point actually, I never thought of that.
However, is it normal for solicitors to tell you they have work done they haven’t, and then blame others for their being ineffectual ?

My guy told me weeks back he was going to ask for stuff he still hadn’t on the agreed closing date, he admitted that himself, he was busy doing the “other searches”
My guy drew down the money telling me he had everything for completion, then 2 hrs afterwards emailing their guy cc’ing me requesting the missing documents.
My guy told me Tuesday he would have the documents Wednesday ( the day the EA told me he got them ), then told me yesterday he still hadn’t got them.
My guy told me he had transferred the money over ( before having the closing documents ) yesterday, when he had not.
My guy told me it was normal to pay over the money before receiving closing docs.
My guy told me he agreed that was a stupid system and he would change it if he could.
My guy had his secretary ring me and say they didn’t know why but it wouldn’t close today, he emailed me admitting he had not done it after I had told his secretary I knew he hadn’t transferred the money and thats why it wasn’t closing.

I got plenty of “facts” from my guy thanks !

Hey Rob,

You should go into law. You seem to be an expert on how things should be done.

And you should definitely go after your solicitor for that money, especially the interest he earned over a few days.

I think you should try hide the fact you are an apologist for the ineptitude of solicitors a bit better.
I admit I made a mistake about the mortgage payment, however it cost me in rent and if he made as much as 10c on the money while it “rested” in his account then thats “MY” fucking money.

That’s right it’s “YOUR” fucking money. You tell him. Best of luck in the new house.

I agree with seeking any interest earned on the money. If the Irish cared about their cents (as the Germans do) we might not be in such a mess.

I think he has a civic duty to also put a complaint in against this solicitor. Otherwise it will keep on happening.

lawsociety.ie/Public/Compla … olicitors/

I list half dozen things he messes up and misinformation I’ve been given, but I should talk to him and find out whats going on?
I point out all the things I think he has done wrong, look for advise and I should “go into law seen as I know so much”
the man draws down money I borrowed before he should and the money earned in interest on it is his money ?

did you wonder here from the remedial forum ?

Rob you are a pleasure to deal with, I hope you find resolution for this grievous wrong done to you.

you came on here apologising for ineptitude and decided to go for underhand personal attacks rather than putting together a half decent argument. You then try to make out I am some sort of ogre for being vexed and venting about this in the face of your non existent argument, and I am the one who’s a “pleasure to deal with” ?

Rob I can’t even imagine the anguish you must be feeling. You deserve not only your mortgage payment back and colossal interest sum but also aggravated damages. I hope one day you can return to living some semblance of the life you once knew. Please do put that complaint into the Law Society, no-one else should have to go through what you have.

I’m sure this is all very entertaining for the protagonists, but is this thread really adding anything to the sum of human knowledge or the gaiety of nations any more? :confused:

Hey, gaiety of the nation is now guaranteed by our constitution! :smiley:

You’re right, though … the snide replies to the OP are a bit of a bore.

I kind of like that style.

In my experience solicitors come in a wide range of levels of professional ineptitude. If you can content yourself that this experience was just your ordinary ‘took-the-eye-off-the-ball’ ineptitude then I’d probably let a strongly worded letter deal with it. If you feel that there was a level of malice (theft or fraud?) then I’d definitely report them to the Law Society. Of course nothing will happen either way, but you’ll feel better about it.

No shortage of good solicitors out there too, and when selecting one you should hope that they’ll be managing your affairs until they read out your will.

Choose wisely, Grasshopper.

Rob does seem to be over-reacting to the situation but then again buying a house is a stressful experience so its understandable.

What are the documents that are holding up the deal? Maybe your solicitor received assurances from the vendor’s solicitors that those documents would be provided by a certain time, and he drewdown the mortgage on that basis in order to complete asap.

The mortgage money is in his client account and any interest in it will belong to you anyway so you can stop worrying that his motivation in all this is to earn few schillings in interest.

Yes, well yesterday I was seeing red when I wrote this, but you have to understand the sequence of events. Anyone would be frustrated when they are paying good money to a guy and are having to re-check every word he says and constantly be let down by him.
What other profession would get away with such ineptitude coupled with pure arrogance ( he told my wife she wouldn’t understand, its not like buying a coat you know ! )