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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3496
Experience:  Solicitors 2 years plus PQE
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in february 2007 our family home went into my wives name only

Customer Question

in february 2007 our family home went into my wives name only due to my poor credit and all of her affairs were kept seperate from mine . i became personally bankrupt in september 2013 and the trustees came after my wives house for payback. although she was able to produce all paperwork showing her ownership only since 2007 they told her that the property title plan was never registered properly.
she will now also lose her house and become bankrupt through the solicitors not carrying out their work correctly. they do not reply to any correspondence regarding this.
we have lost everything and our marriage has now ended in divorce. she was unable to port the mortgage due to the mortgage company going into administration.
can she sue the solicitor for not registering the property correctly even though we paid for it
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome.

My name is AJ and I will assist you.

Do you know why the registration was not done correctly?

Is the solicitor concerned still operating? Have you requested your file from them?

How was the registered legal owner of the property?

Kind regards

AJ
Customer: replied 2 years ago.

i do not know why it was not registered correctly, however it is a serious mistake that has cost us dearly and i believe that they should pay for this mistake that has cost my ex wife my property


it only came to light recently regarding the title deeds not being correctly dealt with


i have requested a file from them and they are still operating although they have now amalgamated with another company


all legal work was carried out by the law firm in my wives name only , not mine, this surpasses 7 years and therefore should not become part of any claim against me , however the error was made by the lawyer and i want to sue them for the injustice they have caused me and my family


 


 

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

I am afraid any claim will have to come from your wife, and if she is bankrupt then the claim will have to come from her trustee.

I suggest you take the following action:
1. Get the file you have to find exactly what the negligent act was;
2. Write to the Land Registry and request the registration documents as well as this will shed some light on the situation;
3. When you find out exactly what they did wrong you will have to get your wife to contact them informing them of the claim as soon as possible. There is a possibility that this claim may become statute barred because of the time limit involved which is 7 years;
4. Finally make a complaint to the Legal Ombudsman www.legalombudsman.org.uk - they mediate over disputes with clients and solicitors regarding solicitors complaints. There is also a compensation fund controlled by the SRA for solicitor negligence matters.

I look forward to hearing from you.

Kind regards

AJ

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