Huge rant, not our debt!!

Ian_W

ts_aly2000 wrote:

May I throw a spanner in the works?
Technically you don't own the property. Your mortgage company do.
Might add a new twist and a bit of might.

Sorry aly - don't think that's right. Technically, provided the paperwork has gone through properly and the Land Reg site just needs updating, YOU own the house.
Your lender has a legal charge which prevents you selling w/o repaying the charge and allows them to get a court order to possess the property if you default.
The worrying thing is that the "previous owners" lender [or maybe 2nd charge holder?] still believe they have a legal charge on the property, otherwise how could they go to court for possession?
Not saying don't notify your lender, they've far more clout if either solicitor has c@cked up, but thinking one lender won't try to get their money back because another lender is involved is wishful in the extreme, IMO.
Sorry I can't suggest anything much constructive that hasn't already been said but I'd be making a VERY URGENT appointment with your solicitor if I was you. They have been well paid to represent your interests and I would be wanting some answers from them soonest. Best of luck.

mattb001

Thanks all.

We've been in touch with the solicitor today and are expecting a telephone call from him tomorrow.

We also have a contact who works at the Land Registry who's going to look up our file to see exactly what it says. She however believes there's a problem, as their website is usually updated very quickly.

Hopefully this time tomorrow we'll know more.

clutton_2

if you do not get a satisfactory answer tomorrow, i would want to speak to the senior partner in the solicitors firm who handles complaints - they have to have one to fulfil Law Society regulations - on Wednesday.

There is a current scam going round whereby some sellers somehow manage to remortgage in between exchange and completion, leaving the new "owner" with a new charge on the property .

Debt collectors have NO right of entry into your home without a court order.

Suewre

mattb001 wrote:

You're right, but if it's illegal to open other people's mail what choice do we have? We eventually opened the letters, and yes, the mortgage is on our house.

The post office have a returned mail dept. Simply cross out the previous owners name and address, and put 'return to sender - not known at this address' on the envelope and put it in a post box. The royal mail will sort it out, and open any mail without a return address on the envelope.

clutton_2

but debt collectors take no notice of "returned to senders" as they know this is the oldest trick in the book - i have opened mail from ex tenants and then directly contacted agents to tell them the situation, only then has the mail stopped.

Bossyboots

pbradley936 wrote:

Yes, but here they give any help and information free of charge. Cannot see many solicitors offering that! I think we have a couple on here though, the advice they seem to give is to "consult your own solicitor".

The main problem is that without sight of the actual papers in the matter, it is impossible for any banker, accountant, solicitor or other professional to give a straight answer to a question. All that can be done is to give guidance on what can be done to resolve issues that arise and where to go for information. You'd be surprised how often the story you first get told is not actually the whole picture. There are times when consulting your own professional is the only answer. The other thing to bear in mind is that often members take things "off board" and communicate by PM so it looks as though they are not getting help and advice when in fact they are.

I always favour encouraging people to turn up at their solicitors and ask to see their file or if they have to, to make an appointment to see the solicitor as this puts them on the spot.

I am sure someone on here posted the other day that the Land Registry told them it could take three months for their registration to show up online. I have to go out now but will try to find it later or clarify just what they were told.

mookybargirl

I don't really have anything to add, but just wanted to say my heart feels for you and I hope you get it all sorted soon. I've just moved into my first home so can only imagine what stress this is now causing you....

mattb001

The house is definitely not registered as ours.

Our solicitor has assured us "our position is secure", and that the outstanding mortgage has actually been paid, but the seller's solicitor is waiting for a form back from their lender to confirm this. The title can't go in our name till this form has been received.

This sounds suspicious to me - if the mortgage had been paid why would they be calling bailiffs in?

I'm waiting for another call from him.

silvercar

Baliffs can be calling for any debt not just the mortgage.

I would have thought that the new mortgage company would have some clout in getting this sorted out. They must have a legal department used to sorting out registration problems and they have an interest in getting it sorted as they do not have a legal charge on your property until its sorted.

mattb001

Update on this:

Our solicitor sent a nasty letter to the seller's solicitor and to IGroup (the seller's mortgage provider) asking what the hell they were playing at (in solicitor talk...)

Turns out IGroup returned the money to their solicitors (why, I don't know) who promptly "forgot about it".

The money is due to be sent back today along with £2k interest, and their solicitors are paying our solicitor's fee.

Hopefully all this is grinding its way to completion, at last.