How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Frantz I Your Own Question

Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 231
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
80411141
Type Your Immigration Law Question Here...
Frantz I is online now

Thomas, we were in the process of buying a property, only

Customer Question

Hi Thomas, we were in the process of buying a property, only to find out that the owner of the property is an illegal immigrant and that the Power of attorney he gave is invalid. He should not be on the deeds apparently so there is no way we can buy the property. He is in a prison in Scotland. Is there any way of us purchasing this property at all? Maybe directly with the council?
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Frantz I replied 8 months ago.
HelloJust to contribute to the issue of being an illegal immigrant. He might be an illegal immigrant/overstayer now but what was his immigration status when he purchased the property? It sounds to me he is likely to be an overstayer rather than being an illegal immigrant because it would have been unlikely that he would have been able to purchase the property as an illegal immigrant. Unless the process of purchasing the property failed catastrophically. If he is an overstayer now but had a visa at the time of purchase I cannot imagine how him being on the deed at the time when he would have had a valid visa is invalid. But I will let our property experts on here deal with the issue on property law.
Customer: replied 8 months ago.
Hi Frantz, thanks for your comments. Hopefully this means that although he is now illegal and in prison, we can still buy it rom him?
Expert:  Frantz I replied 8 months ago.
No worries.Do you want me to re-categorise your question so a property expert can assist you? But you would need to get more information about this person's immigration history bearing in mind that being an overstayer is not the same as being an illegal immigrant. An overstayer is someone who entered the UK legally with a valid visa but overstayed his visa on expiry. An illegal immigrant is someone who never had a visa and entered the UK illegally.
Customer: replied 8 months ago.
Hi Franz, not sure if he was illegal at the time or not. We're only in touch with the person who was his power of attorney. Not sure how we could find out about his immigration history?
Customer: replied 8 months ago.
Will the property expert know what to do given the two possible scenarios? Ie. He is an overstayed or he is an illegal immigrant and if we can buy in both cases?
Expert:  Frantz I replied 8 months ago.
HelloI would hope that the solicitor dealing with the purchase and the sellers solicitors will do due diligence before exchange of contract and completion. Your solicitor should be able to find this out by ringing the Home Office. Have you asked the power of attorney if he has that information? The problem is that your question requires support from both an immigration lawyer and a property lawyer.
Customer: replied 8 months ago.
Hi Franz, the power of attorney called me this morning and was the one who was under the impression that the owner shouldn't have bought the property because he was illegal. So I don't think his power of attorney knows the immigration history at all and has basically said the purchase can't go ahead because he doesn't want to be involved with anything illegal. So we're trying to see if there is anyway for us to purchase to property, I'll ask our solicitor to chase up HMRC about the owner's immigration history
Expert:  Frantz I replied 8 months ago.
Good plan also chase up the Home Office on the Landlord’s helpline 0300(###) ###-####
Expert:  Frantz I replied 8 months ago.
HelloDo you mind rating the support I gave you please?

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    866
    UK Lawyer holding practising certficate for England & Wales.
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    866
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    105
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    33
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm