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deeds of house missing

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  • 29-07-2016 9:18pm
    #1
    bungaro79
    Registered Users Posts: 1,213 ✭✭✭


    hi

    i'm trying to help out my mother in law who is having a problem with her family home. two of the brothers are living in the house but only one is on the deeds and they want the other brother's name to go on the deeds. for what ever reason in the estate they are in 4 of the houses deeds are missing. it is an old council estate and they were paying the council and the mortgage is just recently paid up but as for where the deeds are no one seems to know!! their solicitor has been onto the council but whoever they've been taking to in the cork city council said they will turn up in their own good time!!

    can anyone point me in the right direction of where to ring to try and sort this??


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    #2
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    If it is a council house it will have been registered. Does the house show as registered on landdirect.ie?


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    #3
    bungaro79
    Registered Users Posts: 1,213 ✭✭✭bungaro79


    not sure to be honest. it doesn't look as though you can click on the house individually


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    #4
    December2012
    Registered Users Posts: 4,695 ✭✭✭December2012


    Aren't the deeds with the council of the mortgage has only recently been paid?


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    #5
    2Mad2BeMad
    Registered Users Posts: 2,791 ✭✭✭2Mad2BeMad


    If the mortgage has only been paid of recently, you shouldn't even have the deeds yet.


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    #6
    juke
    Registered Users Posts: 1,673 ✭✭✭juke


    bungaro79 wrote: »
    not sure to be honest. it doesn't look as though you can click on the house individually

    You can certainly refine better - did you you do an address search with the exact address?

    You can phone or call into the Land Registry who will help you. PM if you want help on refining the address


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    #7
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    bungaro79 wrote: »
    not sure to be honest. it doesn't look as though you can click on the house individually

    It looks as if houses 2,4,9,12,13,14,19,21,25,26,28 Gartan Park are registered. The remainder are still on the parent folio.


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    #8
    bungaro79
    Registered Users Posts: 1,213 ✭✭✭bungaro79


    thanks for the replies. the problem is according to the solicitor the council cannot locate the deeds. apparently some of the houses in the estate are there somewhere but no one seems to know where! so we are trying to narrow down where exactly the problem lies!

    4ensic15, its one of the ones on the parent folio by the looks of things. what exactly does this mean?!


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    #9
    newacc2015
    Closed Accounts Posts: 2,379 ✭✭✭newacc2015


    AFAIK there was a case a few years ago where a solicitor was holding the deeds for the banks of a client. The client decided to sell the house and when the house up for sale and an offer was placed on it. They discovered the solicitor had lost the deeds. Long story short, they sued the solicitor and won compensation as the sale of the house fell through due to there being no deeds available for them to sell the house

    Maybe tell CCC that house is going up for sale and that if they cant furnish the docs within x amount of days you will be bringing them to court


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    #10
    bungaro79
    Registered Users Posts: 1,213 ✭✭✭bungaro79


    was saying something along the same lines to my mother-in-law as they really seem to be dragging this out. a registered letter to the right person giving them a fortnight or so to have them should hopefully work


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    #11
    L1011
    Registered Users Posts: 68,903 ✭✭✭✭L1011


    If the deeds are AWOL and its not a separate folio, how precisely do they know who is and isn't named as the owner on the deeds?


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    #12
    surrender monkey
    Registered Users Posts: 230 ✭✭surrender monkey


    bungaro79 wrote: »
    hi

    i'm trying to help out my mother in law who is having a problem with her family home. two of the brothers are living in the house but only one is on the deeds and they want the other brother's name to go on the deeds. for what ever reason in the estate they are in 4 of the houses deeds are missing. it is an old council estate and they were paying the council and the mortgage is just recently paid up but as for where the deeds are no one seems to know!! their solicitor has been onto the council but whoever they've been taking to in the cork city council said they will turn up in their own good time!!

    can anyone point me in the right direction of where to ring to try and sort this??

    The house is still registered on the parent Folio CK53517 the registered owner is Cork County Council. What I think has happened is that when the Transfer Order was signed when the house was originally purchased this Transfer Order was never lodged in the Land Registry.

    The 'deeds' will not turn up in their own good time because more than likely they dont exist! Old Council houses had no planning permissions, Architect Certs etc. The most your going to get is a copy of the Folio showing the registered owners with the mortgage discharged and a copy of the original Transfer Order. This is completely normal.

    You say that the mortgage was recently paid off. You should contact the Council's Loan Accounts Section and explain the problem that the house is not registered on its own folio . The council is going to have to find the tenant purchase file and register the Transfer Order. Its easily fixed but you have to talk to the right people who understand the problem.


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    #13
    bungaro79
    Registered Users Posts: 1,213 ✭✭✭bungaro79


    thanks a million for that, fantastic info there monkey. i'll be giving them a ring first thing after the bank holiday


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    #14
    surrender monkey
    Registered Users Posts: 230 ✭✭surrender monkey


    No problem. If the person you are talking doesn't seem to understand ask do they have a Law Department, someone there will definitely understand the problem.


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    #15
    bungaro79
    Registered Users Posts: 1,213 ✭✭✭bungaro79


    will do. can i just ask you one more thing as you seem to understand this area pretty well. will sorting this out create a set of deeds?? just say my in-laws want to sell the house in the near future once this is sorted, will a new folio and the transfer order be enough if there are no deeds?


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    #16
    surrender monkey
    Registered Users Posts: 230 ✭✭surrender monkey


    bungaro79 wrote: »
    will do. can i just ask you one more thing as you seem to understand this area pretty well. will sorting this out create a set of deeds?? just say my in-laws want to sell the house in the near future once this is sorted, will a new folio and the transfer order be enough if there are no deeds?

    If the local authority constucted the property many years ago there are no deeds. Once it's registered in land registry in your in laws name the folio that's opened together with the TransferOrder will be the deeds. This is normal when dealing with old Council housing stock


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    #17
    bungaro79
    Registered Users Posts: 1,213 ✭✭✭bungaro79


    brilliant, thanks again. will post back here once its all sorted in case anyone else finds themselves in this situation


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    #18
    surrender monkey
    Registered Users Posts: 230 ✭✭surrender monkey


    bungaro79 wrote: »
    brilliant, thanks again. will post back here once its all sorted in case anyone else finds themselves in this situation

    No problem, I'll be interested to know if it all works out the way I think it will.


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    #19
    blackplum123
    Registered Users Posts: 266 ✭✭blackplum123


    Hi, does anyone have a link to what the different boundary colours stand for ....thanks


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    #20
    surrender monkey
    Registered Users Posts: 230 ✭✭surrender monkey


    blackplum123 wrote: »
    Hi, does anyone have a link to what the different boundary colours stand for ....thanks

    cant post links ...but there is one there. search map legend on the site and it should pop up. what colour is it.


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