Seriously SCARY situation

davidmcn

MrSnuggl3s wrote: »

my guess is that you're due a decent amount of compensation from your conveyancers.

I don't see why the OP would be due any compensation from their conveyancers - they're not suffering a loss.

harshitguptaiitr

I've just been to see my solicitor (who dealt with the conveyancing) - he is equally as surprised and perplexed by all this. He is getting straight on the case by combing through all the paperwork and contacting the vendors solicitor to get to the bottom of it.

I have been following this thread and I am surprised this has happened despite lawyers from two firms involved. I am a first time buyer as well and waiting for over 20 days for any information from my solicitor regarding what the draft contract pack from the seller's says.

Have you spoken to SHELTER - a non-profit organization on housing related matters? They might be able to advise you as to where do you stand legally?

Turns out that he DID own the house and his ex did indeed forge his signature after repeated efforts to track him down failed

Was there any court order to help tracking down the ex?

davidmcn

harshitguptaiitr wrote: »

Have you spoken to SHELTER - a non-profit organization on housing related matters? They might be able to advise you as to where do you stand legally?

The OP already has (correct) advice from their own solicitor (and us!) They're fine. It's the previous owner(s) who need legal help...

aneary

davidmcn wrote: »

I don't see why the OP would be due any compensation from their conveyancers - they're not suffering a loss.

Currently they have suffered stress this is unlikely to gain compensation however if the ex starts court actions they may have compensation due in terms of additional legal fees and any time they have to have off work.

davidmcn

aneary wrote: »

Currently they have suffered stress this is unlikely to gain compensation however if the ex starts court actions they may have compensation due in terms of additional legal fees and any time they have to have off work.

Possibly (though as any court action would be doomed to fail I can't see it happening), but in any event nothing they've said suggests that their solicitors have been at fault.

G_M

BlessedNotStressed wrote: »

Well....the plot thickens!!

Turns out that he DID own the house and his ex did indeed forge his signature after repeated efforts to track him down failed. What's more, she reckons she has the money from the sale sitting in the account ready to give to him. However, he has now involved the police and is suing her and apparently her solicitors for negligence and misconduct. He is still demanding that we give the house back to him as he wants the property not the money. He claims he left possessions in the attic that he wants back. Thing is - I found a couple of boxes of stuff in the attic when we first moved in - and I gave them to a charity shop! Haven't admitted this to anyone though. Just denying all knowledge at the moment. My solicitor seems to think the sale cannot be undone, which is one positive from this whole sorry mess!

That's what I anticipated (post 9).


His claim against you to reclaim the property will fail.

The ex is likely to be charged with fraud I imagine - seems a prettty clear case.

Whoever witnessed the signiture could also be charged I'd imagine, for claiming to see him sign when in fact she signed for him.

If she fails to hand him his share of the moneey he'll have to sue her.

Unless the vendor's solicitor had a copy of his signiture on file (unlikely) I don't see how he could have spotted the forgery. However solicitors do have a duty to ID check their clients and this does not seeem to have happened........

Your own solicitor would have relied on the vendor's slicitor to ID check the sellers, so he is not at faault.

Clutterfree

I'm pretty sure when we sold/bought our houses last year we had to go to the solicitors with ID - driving license or passport.

How did the ex-girlfriend get round that?

cloo

I also am sure you will be safe in the house - the ex is entirely to blame here (and possibly himself to some extent if it's true he was uncontactable, although that does seem unlikely in this day and age) and I think they will have to sort whatever it is out themselves.

ProDave

What a shocking situation.

whenever we have bought or sold property, BOTH of us had to go and see our solicitor, part of the process of verifying who we were and he went through the contract with both of us together so there was no doubt both parties knew what was being bought or sold and were in agreement.

Seems that basic check failed in this case.

katejo

Have just caught up on this. Wow! I think it would be better to be honest about the boxes in the attic. The OP wasn't to know about the original owner's wishes.
i just wonder whether the OP asked the original owner whether she wanted them before giving them to the charity shop.

I wouldn't want to be in the seller's (or original witness's) shoes now.