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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9348
Experience:  I have been practising for 30 years.
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I have been building my own barn conversion. i had a

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Hello ,i have been building my own barn conversion. i had a mortgage on the farm house which owned the hole plot. i could not raise any more money to build said barn , so went down the bridging finance road . on completion of the barn i had an offer of a mortgage on the barn but have been unable to split the title from the farmhouse as there are three charges dotted around on parts of the property .its coast 100k in default interest since feb and my solicitor was recommended by one of the bridging companies and is now saying go bankrupt its your only way out . Paul
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Customer: i have two bridging loans from one company on the farm a part of the barn .the other bridging co has a charge in part on the barn but is the biggest charge on the barn . my exit plan for bothh loans was to compleat the barn and get either two mortgages or sale the farm and get one mortgage on the barn which has been agreed with the bridging company on the barn [Precise mortgages] since March the 20th . but this solicitor could not split the title ,i since have solld the farmhouse but because of the default interest since feb there is not enough money to pay of both loans . but iwas assured back in january that titles were not going to be a problem to split.
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

How much of the property is worth, how much mortgages outstanding and how much is the bridging finance outstanding?

Is this a solicitor that you know are just one recommended by the bridging company?

Is there any possibility that you can pay the charges off and resolve the whole issue?

It is difficult to understand why you are not able to mortgage the property and hence, the background detail to the property the charges would be useful.

Then we need to know exactly what you want to know about this?

Customer: replied 1 year ago.
The Farmhouse is under offer for 300k but had been valued at 375k but when a deal feel through in june because of a slightly negative survey , and the people being nervous about there mortgage after the euro vote so pulled out . i was told by the solicitor who had been trying to split the titles since Feb that [that i was recommended to buy braehead ] i was up against it as he could not split the titles with out a sale , and to get rid of the house as quick as possible .
the bridging finance at present is £504k to breahead that have two investor with two charges on the house and a small charge on the barn . then there is precise who have a charge in part on the barn for £312k. my query is when taking out these loans i had to go in to great lengths as to what my exit strategy was which was to complete these barns at get two mortgages on them buy feb 2016 .i did this but have not been able to deliver on my exit plan because the solicitor they recommended says he cant do it with out a sale , so since feb i have incurred £100 k of charges and interest of braehead . ive been paying precise £2800 a month to try and keep on top of them and in the hope that this could be resolved and i could take up the mortgage offer from them . but until two weeks ago had only had communication with braehead through this solicitor that couldnt split the title who of the record told me to really look in to this as i will lose every thing . ive never had any paperwork telling me theses charges are being made . it does say about them in there facility letter but it allso says notice has to be given in writing and in a month . so the mortgage offer is for 470 and the sale ive done is for 300 there's not enough money left[ in feb braehead redemption fig was 412k. i fell that i never had a chance if the loans are set upo so i couldnt get out of them i was scewed from the start
Customer: replied 1 year ago.
have added im no sure if you got my reply to you Questions as the send button is only goin red now cheers ***** ***** attached the last facility letter
Customer: replied 1 year ago.
just found an email from james at braehead and my financial adviser detailing a conversation with allan lynch the solicitor thats been trying to split titles [the date is Jan 2016 have attached ] cheers P
Expert:  F E Smith replied 1 year ago.

There is no Alan Lynch who is a solicitor at that firm listed on the Law Society website.

It may be that he is a new employee paralegal or legal executive but it would be worthwhile finding out his qualifications.

There is no legal reason why there needs to be sale to split the titles but the Land Registry may refuse to do it because they are extremely busy at the moment and they would see it is not necessary which in most cases it is not necessary.

With the application therefore you would need to justify exactly why this needs to be done.

The last email from Alan Lynch seems to confirm that he is able to do it.

If you were assured back in January that splitting the titles wasn’t going to be a problem and that it could be done without a sale, and if for some reason now it’s become problematical, then you have a claim against the solicitor for the advice that you received back in January.

Expert:  F E Smith replied 1 year ago.

Thank you.

Legally, there is nothing to stop you seeing your partner even with the child, and even while you are on the sex offenders register.

However Social Services would object to it and could threaten to have the child removed unless you were no longer part of the child’s life while you are still on the register. It is the nature of the offence which is problematical. The SOR covers a whole variety of offences not just to do with children.

If the family take exception to this, they can refer the matter to Social Services who can make things very awkward for you and your partner because they are, to be frank, paranoid. The child could be put on a Child Protection Plan or still removed.

I’m afraid that just because you are no longer on the register doesn’t mean that you are immune from monitoring or action although with 17 years of no further offences. Just make sure you and your partner cooperate fully with Social Services.

It might be an issue that you want to raise with them before the family start making accusations.

Beware that there may be an element of “fabrication” with any reports they make to Social Services.

With regard to the fact that you may no longer be on the register but the family have found out, there is actually no action that you can take in that respect.

Can I clarify anything for you?

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Best wishes.


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