Our solicitor has our mortgage money and is in prison on remand. What do we do?

Lee64

We are currently buying our council house. We secured a mortgage and the house purchase was about to be completed. The solicitor requested the mortgage funds from the lender before we had signed the mortgage agreement. He received the funds and has now been remanded in custody charged with murder. We are due to make the first mortgage payment in 4 days' time but the house purchase hasn't gone through with the council so they still own the house. Who is liable for this money? Should our solicitor have been able to request the funds before we had signed the mortgage agreement? What do we do now?

clutton_2

contact the Law Society immediately and tell them what has happened. Try not to panic

There are systems in place for solicitors work to be taken over by others if this happens.

Write to your lender immediately and tell them what has happend also - send them some evidence if you can - newspaper cutting for example

good luck

chivers1977

The funds should be in the client account. Is it a sole practice or are there more than one partner. On Monday you need to get getting to speak directly with someone senior at the lender. They may already be aware anyway from the Law Society.......

Lee64

Thank you for your reply. It is a sole practice due to the fact that the person he is charged with murdering was his business partner, another solicitor.

whitewing

My goodness, what a worry for you. It's stressful enough at the best of times moving house.

I second speaking to the Law Society.

Also, check your house insurance. If you have legal cover as part of that, you may be able to get some help from them.

chickmug

I would speak to eveyone possible to find out how you can be helped including the council and CAB.

In a very long property career I have only come across one case of a solicitor who did not pay money owed £60,000) and it wasn't in his clients account. It took two months to get a small interim payment and six months for the seller to get the balance of money which in the end was raised personally by the solicitor.

On this one the seller told me the solicitors professional bodies were sypathetic but very very slow. The seller also took free legal advice but had the feeling that to get a second solicitor on the case would be difficult.

So you really need to get on the phone and start chasing everyone who may be able to help.

whitewing

Have you actually signed the mortgage agreement?

If not, you MUST speak to another solicitor before you do. And presumably you won't need to pay the mortgage payment just yet? You need legal advice on that.

I assume you can stay in the house anyway.

Lee64

Yes we have actually signed the mortgage agreement but the lender hasn't received it, although the money was transferred to the solicitor before we signed it.

theartfullodger

Bummer: Sorry to hear your story...

This one??
http://www.cortssolicitors.co.uk/index.htm

http://news.bbc.co.uk/1/hi/england/leicestershire/8132226.stm

I'm sure (sadly) this has happened before & Law Society will sort you out..

Cheers!

Lodger

Fire_Fox

Don't handle this by telephone, you must deal with everyone in writing by recorded delivery. I'd be inclined to pay the mortgage as they have lent the money in good faith; the council will probably be more lenient under the circumstances.

Good luck.

narabanekeater

omg we used that company not so long ago
Lee my thoughts are with you
Mr Court himself owned the business when we used them so maybe you can get in touch on MOnday with him