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has this company acted illegally

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  • RAS
    RAS Posts: 35,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    susanne

    If you check what other properties sold for recently on that street, you might find out whether this was a reasonable price or not.

    I had a fascinating read recently when the train was very delayed.

    This guy had a whole spreadsheet of houses that had been sold "back to back", listing the names of the vendors, purchasers/re-sellers and final buyers, the EAs, mortgage advisors and lawyers involved and the values at each point. Lovely little notes like that the in one case the onward sale had been completed before the purchase and in another the "company" buying the property had not be registered with CH when the deal was done. The same EAs, advisors and lawyers were involved in multiple dodgy re-mortgages. Mainly small terraces and semis.

    Do not think he realised how easy I find it to read upside down, whilst looking at my newspaper.
    If you've have not made a mistake, you've made nothing
  • RAS
    RAS Posts: 35,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Is it worth speaking to the Law Society (I think they call themselves the office for the supervision of solicitors these days)? See what they say and then speak to another solicitor.

    At this stage Suzanne would have to make her initial complaint to the Complaints Officer at the law firm. If that proved unsatisfactory, she could go to the Law Society.

    Right now she needs to avoid any further contact with them, until she is advised by the Land Registry.
    If you've have not made a mistake, you've made nothing
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    if you do have to go see your old solicitor, (or his Senior Complaints Partner) take a witness with you who can make notes of the conversation...
  • silvercar
    silvercar Posts: 49,625 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    susanne, remember you have done nothing wrong. If there is mortgage fraud, then it wasn't you that increased the valuation. Just reassuring you in case the solicitor or estate agent trys to get you to keep quiet by implying you would be implicated. All you did was listen to your estate agents advice that the 70k was a good offer.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • vet8
    vet8 Posts: 877 Forumite
    Can someone explain how the Land Registry thinks the house was sold for 109,000?

    Who tells them, because surely they are at major fault here. Clearly the buyer did not pay that if it was only worth 90,00 ish. This is cleary very dodgy and it looks on the face of it as though the solicitor is in it up to his neck. (Which is a very worrying thought.) Is it him who tells the Land Registry.
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    I think documentation is lodged with the Land Registry rather than them just "being told" which would explain why they appear to have a document with the OP's signature on it acknowledging the sale was for the £100k figure rather than the £70k one
  • vet8
    vet8 Posts: 877 Forumite
    Well whoever lodged that document has clearly committed fraud and the police should be involved.
  • mynameisdave
    mynameisdave Posts: 1,284 Forumite
    What I can't understance is why, if it is Mortgage fraud, would you go for such a staggeringly high LTV - Why not just fiddle the price to 90k? Unless of course its a BTL mortgage
  • susanne2010
    susanne2010 Posts: 45 Forumite
    Not sure I can offer any help but as I see it the form the land registry have states that you recieved 109k for the house not 71k, this surely can't be correct as this could have serious tax implications for some people.

    Is it worth speaking to the Law Society (I think they call themselves the office for the supervision of solicitors these days)? See what they say and then speak to another solicitor.

    If the official forms say that you recieved 109k then the solicitor either needs to pay you the difference or arrange to have the forms revised to show the two transactions.

    Definatly more to this than meets the eye, keep plugging on with it and please do keep us updated with how you get on.
    thanks i do appriciate all your thoughts it proves im not paranoid ,because thats how the solicitor made me feel,he kept saying these back to back sales are normal, but everyone else,land registry,my home insurance legal helpline plus the solicitors i have phoned for help,everyone can see its just not right,even if my property wasnt worth much more than what i got for it ,it certainly shouldnt look like it was, because it looks like i recieved more than i did
  • susanne2010
    susanne2010 Posts: 45 Forumite
    Jowo wrote: »
    As far as I know the land registry records will show the sale price but this doesn't necessarily mean the seller received it (for example, there could be joint sellers who then share different proportions of the equity, plus the legal/EA fees don't show up).

    The transfer of the balance into the OPs bank account should be sufficient proof of funds received, plus I assume she has a written offer of the lower sale price, emails that discuss this, etc.
    that all correct i have all the documents and before i hand them over to another solicitor i will photo copy everything
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