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Ask Ronan Your Own Question
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2244
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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I am executor for my late mothers estate along with my

Customer Question

I am executor for my late mothers estate along with my brother. We have agreed to sell the family home to another brother who is one of 7 beneficiaries. He is selling a property to facilitate the purchase and will pay for the property by way of the proceeds of the sale of his own property, his inheritance amount, a small mortgage and some private funds. His intention is to jointly purchase the property with his spouse who is not a beneficiary. The lending institution are happy to proceed by way of a deed of family arrangement. The property in question was built c 20 years ago on the grounds of an existing house which my late mother sold and divided the site. The solicitor firm who have dealt with probate ( issued) also dealt with the sale and dividing of the site 20 years ago. My question is who should certify the title to the bank for purposes of a mortgage? The solicitor who is handling the probate and the sale of my mothers property or the purchasing beneficiaries solicitor?
Submitted: 8 months ago.
Category: Republic of Ireland Law
Expert:  Ronan replied 8 months ago.
The solicitor who is always responsible for certifying title to a financial institution is the solicitor that act on behalf of the purchaser/mortgagee. In this particular situation the solicitor that acts on behalf of your brother.
Expert:  Ronan replied 8 months ago.
The solicitor who acts on behalf of the purchaser/mortgagee is the solicitor that certifies title to the lending institution. In your particular situation this is the solicitors acting for your brother. This is always the situation unless is commercial transaction in which case the bank imply there own solicitor.