The first house cost £175k I put in £40K equity - my ex partner £3k
I believe she has about £10k mortgage & over payments in here
Outstanding on this mortgage is £100k
The second house cost £207k i put in £35k she put in £2k
I doubt much has been paid down
The rent is £1k per month
After the issue of the first conveyance process the same solicitor effectively transferred her off the first house 'for no value'.
In their final response before i go to the ombudsman - they have claimed that I purchased the second house on her behalf in return for the above 'for no value'. They never put this in writing at the time.
I have also last night drafted a letter to the conveyance company, as in the file notes they submitted they have omitted all the private instructions & correspondence between themselves and my ex, which i believe implicated them for negligence and disregard of their care of duty to myself.
I don't know whether to purchase my ex or the conveyance first .
I spoke to Barclays legal last night, and as my previous solicitor messed around for the last two years, the six year statute of the first property bought March 2009 ends soon
I own the first property bought May 2009 - So i am concerned that the statute of limitation expires in 2015, do i need to just register the complaint with the ombudsman or do i need to sue the solicitor to avoid running out of time on this one.
My ex partner owns the second property bought dec 2010.
Further to my last comments I am in the process of a further data access request of the file notes from the conveyance solicitor as i believe they omitted private communications with my ex which included instructions and advise that caused me financial loss.
I have noted from their final response to my complaint, they say they have abide by the 2007 money laundering act. Though they never asked or recorded what quantum of investment either person made to each house, although i tried to tell them. However their T&C state that any deal over £10k they are mandatory obliged to "collect evidence of the source of the funds"
I believe the second house mortgage might be in the region of £180k £190k
My losses are £35k deposit inclusive - legal fees / stamp duty on this house
£5k renovation after purchase
I might also consider 50% of the tenancy over the period as a loss
£12k per year - since Jan 2010 to present
I would say each one may have gone up by £20k
£200,000 for my property
£220,000 for my partners property
I own a property that cost £175,000 it had an equity injection of £40,000 of my money and may be now worth ~ £200,000.
I have since the split payed down the mortgage so £107,000 is owing
The other property cost £207,000 with £30,000 equity and may now be worth £220,000.
I don't know what the £12k year rent has paid down the mortgage by though
If i say my house is now worth £200k as risen from the purchase price of £175k and I owe to the mortgage company £107
then the equity in my house is ~ £93k
On the house that my ex partner ownes
If we say its now worth £220k as risen from the purchase price of £207k.
The money owed to the mortgage company at june 2012 was ~£175k
Therefore the equity in the house today including mortgage payments for two years could be (value today £220k) - (£170 on mortgage) = £50k
of this £50k equity £30k to £35k was my money in the form of a deposit
Also at the present I have a restriction placed on this property with land registry
I have had better advice from Barclays legal that this
The above misses out the salient points of my dispute.
If a solicitor thinks that private correspondence and advice to one party leading to instructions does not disadvantage me.
sorry this advice is worthless to me.
Sorry This is not good value for money - I am not paying to hear what i already know. I have had a solicitor for two years and I already know this the comments above
In order to get for money for this I need to know the following
1) Based on the amounts outlined above can i go the small claims route
2) do i need to do mediation before (1) Do i need a solicitor to mediate
3) Based on the house purchased in 2009 - how long do i have to act against the conveyancing solicitor / my ex partner before the statute limitation runs out
4) does not going on the mortgage preclude me from owning a property i.e going on the deeds
5) Will the complaint to the ombudsman against the conveyance lead to a claim on their insurance.
6) Will the ombudsman refer it to the SRA for professional misconduct or do i need to do that now
Thanks for your response above, I think this has really clarified my position for me.
I am very interested by your last point about my until very recent - current legal provision, I have achieved more in the last 2 weeks then has been achieved in the last year and half.
Clare I am able to do some of this myself and will have to outsource some of this it has been suggested i find a guide - you seem to know this as well as a few others now. Are you interested to offer future advice in a more structured way than this site
Finally - are either just answer or yourself able to provide me with a vat receipt for this this work.