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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
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?
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.
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.
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.
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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.
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