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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10627
Experience:  Barrister 17 years experience
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In 2009 I approached to an estate agent to buy a flat (

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Dear Sir / Madam
In 2009 I approached to an estate agent to buy a flat ( leasehold). HSBC bank was my mortgage lender. The agent has introduced me to a solicitors firm to deal with my purchase. This was my 1st property and I did know nothing about it. The agent paid me monthly to pay the monthly mortgage rated to the bank. They promised me that after property development to rent it out and pay me the rent. In 2012 my agent stop to pay me and I went to the flat to clarify who lives there.I was not allowed in. I missed the payments. I wrote to the bank that I can not pay and they may need to repossess the property. My solicitors who dealt with my purchases closed down in 2010. HSBC bank wrote to me that 55A flat does not exist as the solicitors did not finalise the registration documents. Land registry does not have a number for my flat. so, there is no a property for me to sell or to reposes. I paid deposit £13,000 I have Direct debits £24,500. Can you advice?
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Could you please confirm that as far as you were aware, you did indeed complete the purchase of the Flat? Did your Solicitor write to you to confirm that completion took place. Who were your Solicitors? Kind Regards

Al

Customer: replied 1 year ago.
Dear Al
The complection did not happen. HSBC bank did not check that they are lending to a property which does not exist at land registry. They done survey report and they have that that this property exist and worth £135,000. HSBC bank did not get a fist charge for the loan they paid to BM Solicitors which acted on my behalf.
Kind regards
Vadim
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Thanks for your reply.

I am still not clear exactly what happened- if you did not complete the purchase, HSBC would not normally have sent the mortgage monies to your Solicitors, and you only need to start paying the Mortgage monthly payments once the mortgage monies have been released??

What payments were the Agents making to you?

Kind Regards

Al

Customer: replied 1 year ago.
Dear AlHSBC send me mortgage offer , I signed and I had to put my bank details for Direct debits. HSBC bank confirmed that they paid the money to BM Solicitors. They started to take monthly direct debits when they have planned. I thought this is correct and documents are done correct and completed. The agent was paying me the rent ( as they promised me that when the property will be refurbished they I will get the key. I thought this is normal. In 2012 I did not get any money from the agent I have decided to sell the property to pay HSBC bank. There was someone else. The property was a house which needed to be splited in 2 flats. I shoud get the groud floor. HSBC bank solicitors confirmed me that the lease has been created but not registered at land registry. BM solicitors did not finalce the transaction and HSBC bank did not make sure that the is not fist charge . Now there is nothing to sell and nothing tobe reposes.
At the moment I need someone to represent me at the court hearing. Can you advice?
Thank you
Expert:  Buachaill replied 1 year ago.

1. Dear Vadim, it is clear there was some fraud on the part of the solicitors who acted in this transaction. So, you have a cause of action in negligence, breach of duty and fraud against BMC solicitors. Every solicitor carrys a policy of professional indemnity insurance, so you will be able to recover all losses here, even if the solicitor is insolvent. However, the first thing you should do is to get a new firm of solicitors experienced in the area of professional negligence to represent you.

Expert:  Buachaill replied 1 year ago.

2. The second thing is that the situation may not be fully irremediable. Your new firm of solicitors may be able to argue that under the principle of estoppel by convention, the lease which was created but not registered in the Land Registry, may now be able to be registered in the Land Registry. T/his would mean that you would then have the flat for yourself. HSBC may then be able to register the first charge. However, you should get your new firm of solicitors to see if this is now possible.

Expert:  Buachaill replied 1 year ago.

3. In relation to representation in court, you should get your new firm of solicitors to represent you there. They will be able to sort the situation out, so you don't get sued for any money owing. Or even if you do, that you have a property which you can sell to pay off the money.

Expert:  Buachaill replied 1 year ago.

4. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Customer: replied 1 year ago.
Dear ***** you represent me in court? If yes how much I have to pay?
Thank you
Vadim
Expert:  Buachaill replied 1 year ago.

5. Dear Vadim, I don't live in the UK. I live abroad. So, I will be unable to represent you in court. What I would suggest is that you get a firm of solicitor experienced in professional negligence to both represent you in court and also to sue the firm of solicitors BMC solicitors and to seek to have the lease registered to solve your problems.

Customer: replied 1 year ago.
Dear Mr Buachaill
Thank you very much for your advice.Kind regard
Vadim
Expert:  Buachaill replied 1 year ago.

6. Dear Vadim, please Rate the Answer or Accept the Answer as unless you do this, your Expert does not get paid by the website for answering your question.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10627
Experience: Barrister 17 years experience
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