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I had a property purchase for our new house that was due to…

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Hello, I had a...

Hello, I had a property purchase for our new house that was due to settle on Monday, however my mortgage provider has been unable to payout the existing second mortgage on St George bank because St George advised last friday afternoon that they do not use some computer system. St George have currently advised that as of right now they will be unable to settle for some days, potentially a week after initially agreeing to settlement on 28 May. I have booked removalists, and the vendor's solicitor has mentioned charging interest to us on behalf of the seller. My mortgage provider (CBA) tells me the entire thing is being held up because St George is just sitting on their hands, and that there is no reason for them to say it will "take days" for them to be ready to settle. I intend to complain to them now, however I do not believe I will get anywhere as I am not their customer. Can you tell me is their any action I can take or recourse I could threaten to make them settle sooner rather than later? Regards *****: What state/territory are you in? It matters because laws vary by location.

Queensland

Lawyer's Assistant: What steps have you taken so far?

The Head of settlements at CBA in Sydney has called me and asked me if I would be prepared to call St George. But honestly, the finance has already been deferred because they made promises of a payout figure to us that arrived some 8 days after it was initially promised. I have no confidence they are working in there

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

NOt that I can think of. Its costing me money and I have removalists booked for tomorrow as I thought it would settle last monday

Submitted: 2 months ago.Category: Australia Law
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Answered in 5 minutes by:
5/30/2018
Solicitor: Leon, Solicitor replied 2 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,944
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 2 months ago

Good Afternoon

Is St George the bank of the Seller or yours?

How long ago was St George notified to discharge the mortgage?

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Customer reply replied 2 months ago
There is a second mortgage over our existing property with St George, my bank (CBA) needed that paid out as part of obtaining a bridging loan for our new property. St George were initially notified of our intention to payout the mortgage on 27 April.
Solicitor: Leon, Solicitor replied 2 months ago

Good Afternoon

When you say notified can you confirm they were sent a discharge authority?

Do you have confirmation that they received it?

So you are refinancing as well as buying?

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Customer reply replied 2 months ago
They were notified that we needed a payout figure on 27 April. They provided one 8 business days later. Finance was deferred for a week, but they sent the discharge authority after that. We received it eventually, I know that because CBA told me and because the amount was higher by almost $5,000) than we thought it was going to be. We have a bridging loan at the moment that purchases our new house and pays out the two mortgages over it, we will be redoing the mortgage when this I am in now house sells.
Solicitor: Leon, Solicitor replied 2 months ago

Good Afternoon

When did they receive the discharge authority?

This is the date they work on to prepare the discharge and it usually takes 3 - 4 weeks.

Did you tell them when the settlement was to happen?

All of this is important if you wish to show they breached their duty of care and you want to sue them for the costs you are now incurring.

Did you do this on your own or did your solicitor do the discharges?

I think a phone call may be better than typing. If you want to chat on the phone you can elect a call but it is an extra fee.

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Customer reply replied 2 months ago
HI Leon, Thanks for your time, the matter has been resolved. Regards Julian
Solicitor: Leon, Solicitor replied 2 months ago

All the best and good luck

Regards

Leon

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Customer reply replied 2 months ago
You are a scam, I didn't realise I would pay $105 for a service I thought was provided by the Banking Ombudsman. You should have drawn my attention to the charge beyond the fees and I expect to be refunded $105. If I haven't received the money by Monday next week I will be complaining to the Law Society about the service you have provided, with the full knowledge that the Law Society is a toothless tiger. Scamwatch will also receive my opinion of your website.
Solicitor: Leon, Solicitor replied 2 months ago

Good Evening

I will pass this onto the administrators.

Regards

Leon

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Customer reply replied 2 months ago
If I was you, Leon, I would get a new job.
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