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  • FIRST POST
    • JJWSJS8700
    • By JJWSJS8700 24th Mar 19, 7:28 AM
    • 117Posts
    • 14Thanks
    JJWSJS8700
    Property not for sale
    • #1
    • 24th Mar 19, 7:28 AM
    Property not for sale 24th Mar 19 at 7:28 AM
    Sorry nothing to see here.
    Last edited by JJWSJS8700; 26-03-2019 at 3:39 PM.
Page 2
    • paddy's mum
    • By paddy's mum 25th Mar 19, 1:06 PM
    • 3,753 Posts
    • 13,475 Thanks
    paddy's mum
    He practically told me to get out and to find a solicitor as he could end up a witness.
    Originally posted by JJWSJS8700
    He would have done this, not to be personally hostile to you, but to protect his own position, possibly also hearing too much might invalidate the firm's professional insurance. Much the same as your car insurers telling you never to say sorry to the person you collided with.

    A good solicitor, of your own, NOW!
    • JJWSJS8700
    • By JJWSJS8700 25th Mar 19, 5:12 PM
    • 117 Posts
    • 14 Thanks
    JJWSJS8700
    Thank you for your help, do you think I should fill out AS1 at Land Registryas the Contributor having a Declaration of Trust, then just override what he has illegally carried out?
    • AnotherJoe
    • By AnotherJoe 25th Mar 19, 5:49 PM
    • 15,218 Posts
    • 18,321 Thanks
    AnotherJoe
    Get.A.Solicitor.
    Now.
    Please dont criticise my spelling. It's excellent. Its my typing that's bad.
    • paddy's mum
    • By paddy's mum 25th Mar 19, 5:56 PM
    • 3,753 Posts
    • 13,475 Thanks
    paddy's mum
    OP - I really don't wish to be rude but it is quite clear from some of what you have already written, on this and another thread, that you don't know what the hell you are doing!

    None of us can actively prevent you blundering about like a drunkard but we can speak to you with commonsense and repeat GET YOURSELF A GOOD SOLICITOR!

    Your choice but bleating on and on and on won't change a darned thing. Seek competent legal advice asap. I'm now out...good luck.
    • JJWSJS8700
    • By JJWSJS8700 25th Mar 19, 8:13 PM
    • 117 Posts
    • 14 Thanks
    JJWSJS8700
    Who on earth are you talking to.

    I cannot get s Solicitor as nobody is interested, for love nor money, hence why I am here.

    I have carried out my dealings and money transactions professionally and the other person has committed fraud.

    If you have no advice or experience, simply scroll on.
    • dawyldthing
    • By dawyldthing 25th Mar 19, 8:36 PM
    • 3,379 Posts
    • 3,334 Thanks
    dawyldthing
    If the house didn’t have you on the deeds and it was hers alone your mum was free to sell it.

    We get you paid for it, but the pope could have paid for it, it all depends whose names on the land registry.

    If it was sold a year ago I’m not too sure what else you can do.

    What you can do is pay I think it’s £4 to see who actually is on the land registry right now and see if it has gone through.
    to the lil one
    • dawyldthing
    • By dawyldthing 25th Mar 19, 8:45 PM
    • 3,379 Posts
    • 3,334 Thanks
    dawyldthing
    https://www.investopedia.com/terms/d/declaration-of-trust.asp

    You need to find out if you was registered on the deeds (which I think should be able to be found on the land registry)
    to the lil one
    • getmore4less
    • By getmore4less 25th Mar 19, 9:22 PM
    • 36,946 Posts
    • 22,781 Thanks
    getmore4less
    You can't unilaterally change a deed of trust.

    I suspect what might have happened is

    The only protection you had was the deed and no protection via the title.

    Your mum sold the place and kept the MONEY.
    You have a claim against your mother's assets.

    You need to see if there has been colution with the house sale it may be possible to get that reversed.
    • JJWSJS8700
    • By JJWSJS8700 25th Mar 19, 9:29 PM
    • 117 Posts
    • 14 Thanks
    JJWSJS8700
    Thank you.

    I am not on the Deeds, that’s how I confirmed it had been sold, through Land Registry.

    Apparently Declaration of Trusts do not have to be noted on Land Registry.
    • JJWSJS8700
    • By JJWSJS8700 25th Mar 19, 9:37 PM
    • 117 Posts
    • 14 Thanks
    JJWSJS8700
    Thank you very much for replying.

    The house has been sold to a relative who was visiting her regularly, for half the price.

    So they have made her sign it to sell, which she wouldn’t and knew we both had to sign, or she was out of her mind.

    She knew the deal and the relative has got a mortgage on it now.

    What would happen to this mortgage charge if it was reversed, do you know please?

    Thank you again.
    • AnotherJoe
    • By AnotherJoe 25th Mar 19, 9:54 PM
    • 15,218 Posts
    • 18,321 Thanks
    AnotherJoe
    For the very last time, yiu need to see a solicitor to make a claim against the first solicitor for negligence in not protecting your assets via a charge.
    It's very different to say you don't have to register a trust in the deeds to saying you cannot. I have a charge against my daughters house as I put half the money in. You put all the money in. You should have had one. In my opinion (IANAL) the solicitor was negligent in not putting a charge on.

    Go and see a solicitor and they will advise. I don't beleive you cannot "for love nor money" get one to represent you given the facts as you describe and indeed that will be why the solicitor ushered you out of the office because you would be claiming against him, so he at least must think you could find someone.
    • JJWSJS8700
    • By JJWSJS8700 25th Mar 19, 10:03 PM
    • 117 Posts
    • 14 Thanks
    JJWSJS8700
    If course I could purchase it for HER and did, by providing the funds to do so, otherwise no home.

    A reputable Solicitor advised and made the D of T.

    The trust consists of clauses that needed to be agreed upon before even discussing selling.
    • 74jax
    • By 74jax 26th Mar 19, 6:28 AM
    • 5,100 Posts
    • 7,147 Thanks
    74jax
    How many solicitors have you been too? I would have thought this would be right up their street? On what grounds with they not represent you, the reasons might help us here.

    Your original solicitor thinks you could get representation, hence not being able to speak to you anymore.

    Most solicitors offer a free half hour, have you used this? Or was it through a booked appointment.
    Forty and fabulous, well that's what my cards say....
    • JJWSJS8700
    • By JJWSJS8700 26th Mar 19, 7:02 AM
    • 117 Posts
    • 14 Thanks
    JJWSJS8700
    I have been to 8 in this small city.

    The original Solicitor said which one have you been to, I just said half a dozen, because at that point I thought he had intentionally duped me, I really didn’t know what was going on.

    I think he did the actual sale and changed the Will which I know Wills can be changed at anytime.

    Apparently they’ll all be buddies and don’t like to make claims against each other.

    I’ve went to 3 further afield, who specialise in Wills and Trusts, supposed to be contacting me today.

    Someday Estate too small, 3 mths waiting for appointments, even when I offered money, never met any who give free 30mins.....mostly saying about making a claim against original Solicitor, but that will probably take years.

    He’s got the house and a big Mortgage on it, and kept the cash as he is Executor.

    The original Solicitor is still the Executor.
    • paddy's mum
    • By paddy's mum 26th Mar 19, 7:46 AM
    • 3,753 Posts
    • 13,475 Thanks
    paddy's mum
    they have made her sign it to sell, which she wouldn’t
    Originally posted by JJWSJS8700
    Well, quite clearly, she did, and changed her will at the same time.

    Equally clearly, you are in very deep water and struggling (with which I can sympathise, believe it or not).

    In actual fact, I have both experience and commonsense advice but perhaps you don't wish to listen so I shall "simply scroll on".

    Good luck.
    • nom de plume
    • By nom de plume 26th Mar 19, 7:50 AM
    • 878 Posts
    • 795 Thanks
    nom de plume
    https://www.lawsociety.org.uk/for-the-public/using-a-solicitor/complaints/
    • Flugelhorn
    • By Flugelhorn 26th Mar 19, 7:50 AM
    • 1,521 Posts
    • 2,017 Thanks
    Flugelhorn
    I hope you find a solicitor to help you

    I think the problem here is that Mother didn't mention the deed of trust when she agreed to sell the house to the relative, or maybe (more likely) she had forgotten it existed.
    Suspect the solicitor who handled the sale of the house would have had no evidence of the deed if an interest on the property wasn't registered on the land registry etc - where was the deed kept
    • JJWSJS8700
    • By JJWSJS8700 26th Mar 19, 8:00 AM
    • 117 Posts
    • 14 Thanks
    JJWSJS8700
    Thank you Flugalhorn:

    The original Solicitor who made my Declaration of Trust is the SAME Solicitor who made the new sale.

    The deeds are held in his strongroom for life, it states here on my Mothers original paperwork, he just didn’t bother to get them out thinking this was a Mother who was changing her mind about who she wanted her property left to, he thought it was just a family falling out.😮

    Thank you again.
    • JJWSJS8700
    • By JJWSJS8700 26th Mar 19, 8:09 AM
    • 117 Posts
    • 14 Thanks
    JJWSJS8700
    Thank you Paddysmum:
    MAs I have explained I am desperate to get a Solicitor to help.

    No one knows who signed, what the circumstances were, as my Mother could not have been in her right frame of mind, because she knew the agreement we had by law, to enable her to live in her house rent free forever.

    Especially when the new sale was made with the same Solicitor, you would of thought he would have corrected her and anyone who was enticing her.
    Deep water, - you make it sound like I am the one who has committed fraud.

    Thank you very much for your help.
    • paddy's mum
    • By paddy's mum 26th Mar 19, 8:20 AM
    • 3,753 Posts
    • 13,475 Thanks
    paddy's mum
    Deep water, - you make it sound like I am the one who has committed fraud.
    Originally posted by JJWSJS8700
    Absolutely not!

    However, clearly you don't have anywhere near enough information, have few if any answers and simply don't know just what has gone on.

    You stand to lose many thousands of pounds, are running around like the proverbial headless chicken (turn of phrase, no offense intended) and if that ain't 'deep water' I don't know what is

    Why not follow up nom de plume's earlier post about making a complaint and see what transpires. I truly do wish you luck in sorting out what must currently seem to you like a living nightmare.
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