Hello, thanks for your question. My name isXXXXX can assist with this.
What you appear to be saying is that you should not have had the Deed of Trust, or that it should have been worded differently to ensure that you got your investment back first really ahead of her?
Is this right?
Okay. There is little you can do about the deed now if, having entered into it, it has the effect that you mention. Obviously, if you agreed to something, that's what you're stuck to. However, it seems to me like your solicitor or other adviser at the time got it wrong, and should have worded things very differently.
Now, before I tell you what to do about that, I would add that a solicitor should look at the Deed for you, just to make sure that the interpretation suggested to you is correct.
Okay. You need to contact some solicitors near to you and ask them whether they deal with professional negligence work against other solicitors. There are lots out there that would do this, and you need to find somebody you feel comfortable with. Basically, you should be able to find somebody that will do this on a no-win no-fee agreement for you, and recover the money you have lost that way, by claiming against the solicitors that did the initial Deed of Trust for you.
I expect you're stuck with what's in the deed of trust.
I expect your only avenue is to sue the solicitor that tied your hands with the deed of trust.
You should get your own (a new!) solicitor involved now, and they will write to your old solicitor that did the deed and ask them what their position is.
Then, they will notify their insurance company, and they will take over for the solicitors most likely. They will, if they feel this is a clear mess up, make an offer of settlement to address your financial loss as a result.
They will do this, and should do this, before you agree to anything in the sale and apply the terms of the deed of trust.
So you need to move on this as quickly as you can.
Okay. Do you want to ask me anything more specific about this?
okay - good luck with this. I hope you manage to sort it quickly.