Precedent letter of undertaking re mortgage on title

The Conveyancing Committee has had a number of queries about the wording of solicitors’ undertakings given on closing to redeem a mortgage/charge on the title. In these circumstances, the committee thought it would be useful to prepare a sample letter of undertaking that should satisfy solicitors on both sides of a transaction. The text of the proposed letter is set out below.

SAMPLE LETTER OF UNDERTAKING

Our ref:

Our clients:

Your client:

Premises:

Dear Sirs, 

In consideration of you closing the sale of the above mentioned property, we hereby undertake to immediately redeem the mortgage(s) in favour of ____________ bank affecting the above mentioned property from that portion of the proceeds of sale provided for that purpose and to furnish you with one of the following together with the appropriate property registration fees (if any) as soon as possible:

1) Original Deed of Mortgage with vacate endorsed thereon,

2) Deed of Release,

3) Deed of Discharge, or

4) Evidence of e-discharge, for example, copy folio showing the relevant charge removed.

Residential property

In the event that the bank does not furnish us with one of the documents mentioned above, within the time limits agreed between the IBF and the Law Society under the Certificate of Title system for Residential Mortgage Lending, we confirm that we will promptly commence the consumer complaints process provided for in the Guidelines to the Certificate of Title system under Provision 10.9 of the Consumer Protection Code 2012 issued by the Central Bank of Ireland, and in accordance with the sample letters published by the Law Society.

Yours faithfully