Charge against property question.

Padstow

ValHaller wrote: »

Step 1, demand copies of the entire file. You are entitled to copies of everything she has sent to or received from any 3rd party. But not copies of your own correspondence with her.

Step 2 , check for correspondence with the IP

Step 3 sack her.

I'd love nothing more than to sack her ValHaller, she is totaly incompetent, and head of department in large firm, however, I have a 56 day repo by bank breathing down my neck, caused by the ex going bankrupt, such a long story.

I was lucky to secure a buyer even though I had to accept £150k less. IP blocked it for 3 weeks as he thought I was cheating him. I had to take what I could get before the bank took it.

Thanks for your support, I will implement step one and two tomorrow. Hope it won't cost me a fortune.

A further problem is a lot is done by phone and email.

I have no idea how the bankruptcy was ever allowed. Ex put his businesses into new woman's name and declared himself bankrupt. IP's not interested, he simply said " it cannot be reversed, he will ride out his twelve months, and that will be it."
His very words,
Much more than that, but I don't wish to bore anyone. Thanks.

Mouse1812

Padstow wrote: »

She said she has no experience of bankruptcy.

You are in formal complaint territory - go kill my friend

Any "professional" making a confession like that, when they owe you a legal duty of care is dead meat

Tis late, and I'm under orders, please come back tomorrow there is much we can do for you.

ValHaller

Whatever you do, don't mention 'professional negligence' to her, otherwise she will have to stop dealing with you. I think you may need to pay over the odds and find another solicitor to take over the sale - I believe that another solicitor can take over the file.

Mouse1812

ValHaller's comments are spot on

ValHaller

Mouse1812 wrote: »

You are in formal complaint territory - go kill my friend

Any "professional" making a confession like that, when they owe you a legal duty of care is dead meat

Tis late, and I'm under orders, please come back tomorrow there is much we can do for you.

Do NOT go down this road until another solicitor has taken over the sale. What has happened here is a fairly serious case of acting outside competence and the last thing you want with a 56 day repo notice is to get the solicitor's professional negligence insurance conditions kicked in until the sale is complete or until the file has been handed over

Mouse1812

As a technical point I do not believe charges can be placed on jointly owned properties, only a caution.

Jointly owned property

It is not possible to register a charging order as an ‘equitable charge’ on a jointly owned property unless all the owners / registered proprietors are judgment debtors. Where only one of the owners / registered proprietors is the judgment debtor, the order will be registered as a ‘restriction’.

Agreed notices or restrictions

Since the Land Registry Rules 2003 took effect in October 2003, a charging order is registered as either an ‘agreed notice’ (shown on the register as an ‘equitable charge’) or a ‘restriction’. Prior to October 2003 where only one of the owners / registered proprietors was the judgment debtor, the order was registered as a ‘caution’. A caution served much the same purpose as a restriction. Any cautions registered before October 2003 will remain on the register.

A notice or restriction does not impose an obligation to make payment when the property is sold.


Why didn’t your solicitor query this instead of blindly accepting the position and offering your money away?


I also suggest you telephone the OR dealing with your husband’s estate and ask them to clarify what we and bankruptcy helpline have told you

Padstow

Mouse1812 wrote: »

You are in formal complaint territory - go kill my friend

Any "professional" making a confession like that, when they owe you a legal duty of care is dead meat

Tis late, and I'm under orders, please come back tomorrow there is much we can do for you.

Too late to change conveyancing sol according to http://www.fridaysmove.com/property-law-blog/simon-seaton/23/01/2010/changing-your-conveyancing-solicitor
I received an Email from her today. The information is completely wrong, even the name of the solicitor firm who placed the charge is incorrect.

Mouse1812

Padstow wrote: »

Too late to change conveyancing sol according to http://www.fridaysmove.com/property-law-blog/simon-seaton/23/01/2010/changing-your-conveyancing-solicitor
I received an Email from her today. The information is completely wrong, even the name of the solicitor firm who placed the charge is incorrect.

Well I just read that and could not see anything that say's you can not change! unless of course you are stuck over the payment of her fees.

Padstow

Mouse1812 wrote: »

Well I just read that and could not see anything that say's you can not change! unless of course you are stuck over the payment of her fees.

Yes, too broke to pay disburesements and leave. Shame as I know a brilliant conveyancing sol.

The latest from her was I should be liable for 50f debts as the joint tenancy was severed prior to divorce.

This is what I sent her,*

"Severance does not affect any final division of shares in the property that may ultimately be agreed or ordered by the court. It is a “just in case” proviso because, a death during a divorce or cohabitation dispute is very rare. But it happens."

Ironic that it was written by my own divorce sol, but heyho.
I was awarded a fixed sum, confirmed today by the sols who wrote that quote. That sum detemined to be given away to the IP, had she not let it slip it would have been gone.

They are so chaffing at the bit for me to pay them, that they are now taking the conveyancing sol on to forward things and great for that.

Hope now things progress and odd that my divorce lawyer appears to know far more about land than my con sol.

*http://www.marilynstowe.co.uk/2012/01/18/divorce-joint-tenancy-and-how-to-prepare-for-the-unexpected/