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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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This is quite a complicated matter. In 2009 I was awarded

Resolved Question:

This is quite a complicated matter.
In 2009 I was awarded as sole owner of a property the propertty was in someones elses name and they had got a mortgage on it. the land registry would not change the name because of the charge on it. so the mortgage company was told the situation and this has been repeaded 3 times over the last few years even putting complaints in they never replied except once acknoldeging my letter. I then discovered that they had reposseded the property. I put a formal complaint in and they are investigating it and have already admited they did not tell me about the procedings and that they should of and also i could approach the court? I have now found out they have put the property up for auction on the 5th of Febuary. The question is firstly am i entiled to see the court papers for the repossesion as no the loan was not mine but the property is. and secondly how do i go about stopping them sell till at least we can negotiate this issue, either set aside, adjourn or qwash the possesion order?
Thanks
Submitted: 3 years ago.
Category: Property Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.


Yes please continue


Thanks

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Ash replied 3 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

How were you awarded it please and by whom?

Customer: replied 3 years ago.

Hi,


I did reply to this yesterday so not sure what happened.


I was awarded by Cardiff court by the judge after a protracted contest of a will by my brother who did not inherit the house I did.


Thanks

Expert:  Ash replied 3 years ago.
What was the chagre in the property for please?

Customer: replied 3 years ago.

A Mortgage that was taken out during the court case of the contest of the will. Thus my brother in full knowledge the house was not his.

Expert:  Ash replied 3 years ago.
Did you have a Solicitor during the process?
Customer: replied 3 years ago.

I did it cost me if you believe me £60,000.00 for this and 5 other houses involved then a few months ago they went bankrupt and left a massive mess behind them. So I am doing it myself. hence all the questions? I just want to stall them selling the house at the moment and know I have a argument as I was and still not part of the proceedings. Its more what info should I put on the n244 form as the order was made ages ago (No one will tell me when and even the court is confused what is going on) so I just want to stop it for now. But believe I only get one shot at the n244 form and want to make it as bullet proof as possible to stall the sale.

Expert:  Ash replied 3 years ago.
Is there anything stopping you pursuing the person who took out the mortgage?

Customer: replied 3 years ago.

Yes he made himeself bankrupt. and also caused £126,000 worth of damage to the property by demolishing it with a sledge hammer. and he is ignoring everything and is quite happy for the mortgage company to take the property and sell it as he knows full well it is mine.

Expert:  Ash replied 3 years ago.
When was that please?

Customer: replied 3 years ago.

He destroyed the property on the 29th of January 2013 and made himself bankrupt june 2013. I dont know the exact date but can only assume the mortgage company repossed the property before Jan 30th 2013


Thanks

Expert:  Ash replied 3 years ago.
Did you report the matter to the Police?

Customer: replied 3 years ago.

I reported the fraudlent of the mortgages and the damage. the cps through the fraud out as he blamed my dad father for setting it all up and got found guilty of criminal damage and got a 2 year suspended sentence and 100 hrs community service and no compensation as he made himself bankrupt 4 weeks previously

Expert:  Ash replied 3 years ago.
OK - sadly there is nothing you can do. This is because although he has faced criminal proceedings he has declared himself bankrupt. This means that all his debts are wiped with the bankruptcy.

I am very sorry that there is nothing you can one - when one goes bankrupt, it stops all the debts.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Alex

Customer: replied 3 years ago.

Hi,


I realise that the problem i have is the bank repossed my house as he had a charge of a mortgage on it. The bank was told i own it and they did not act. They then repossed it and did not include me in the proceddings which they admitted in writting was wrong.


They are now trying to auction the property on the 5 of febuary.


I want to get the order set aside so they have to include me in the proceddings.


I know i have to fill out a n244 form and state that as an intrested party (Ie the owner of the house i should of been part of these proceddings and had no knowledge of it) i was just asking should i write any thing else re this matter on the form.


Sorry its so confusing i get confused yself and i have lived it for the past 9 years :)


Thanks

Expert:  Ash replied 3 years ago.
I see. In that case you need to complete form N244

You are seeking an Order that you are adjoined to the proceedings as an interested party.

That is what you need to do with form N244.

You can find it here:

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Does that help?

Alex

Customer: replied 3 years ago.

Hi


Yes that helps i just wondered if i could put anything else down on the form as feel it will be an uphill struggle to get an order set aside as i do not even know when the order was made or the court number and currently the bank are refusing to furnish me with the details I have found out the court number through court so will be putting the form in tomorrow.


So i was just wondering if there is anything else i should include with the form. (Obviously proof i own the house, the letter from the bank admitting it knew i was the owner and also stating that they should of included me) and obviously i hink he fact hey are refusing to furnish any details to me should also be included?


Thanks


 

Expert:  Ash replied 3 years ago.
I would enclose a copy of the previous Court proceedings to show why you are an interested party.

But that should do it.

Alex

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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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