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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My Mortgage company appointed a Receiver who is a Director

Resolved Question:

My Mortgage company appointed a Receiver who is a Director of one of their Companies who was involved with Underwriting my Loan . Although they said he would contact me as soon as he was appointed he has refused to speak to me or Contact me ..His Appointment Form shows that he was Appointed 7 days after his Agent Advertised my Property. He has now sold my Property with Vacant Possesion on Completion although he did not have Posession as my Equipment and sheep in the shed he has sold. The Byer is putting Gates and Locks on the Property . Is there anything I can do to stop the Byer from gaining Possesion of the Building apart from Registering a Restriction with Land Registry which I am doing today. I have done this as the Mortgage Company involved is being Investigated for Fraud regarding sale of Property .
Submitted: 2 years ago.
Category: Property Law
Expert:  Nicola-mod replied 2 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 2 years ago.

Please try to get a reply as soon as possible

Expert:  Nicola-mod replied 2 years ago.
Hello,

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

Thank you for your patience,
Nicola
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Have contracts been exchanged please?

Customer: replied 2 years ago.

Yes contracts have been exchanged although they did not have vacant possession they told the byer that they did. The solicitors acting for receiver has just said that they will have to go for possession which can only mean that they did not have. Would it be prudent to ask the Byer not to touch my property until the Court decides on the situation.

Expert:  Ash replied 2 years ago.
You can only apply to the Court for an injunction to stop vacant possession. I do not think registering a restriction would really do anything. To stop the whole process you need a Court Order preventing this from happening pending the outcome of any other hearings.

Can I clarify anything for you about this today please?

Alex
Customer: replied 2 years ago.

Could you please explain how do I get a Court Order and approx. how much will it cost. Will this mean that there will be a Court hearing at which I will be able to show the court what they have been doing . The Lenders involved are UK Acorn Finance which MPs are waiting to hear if the SFO is Investigating them .I believe that there is a good chance that they will investigate as they are investigating Connaught now and some of the Connaught people were working jointly with UK Acorn to both Defraud the Investors and the Lenders.

Expert:  Ash replied 2 years ago.
You need to complete form N1

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

And N16a

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

The cost if you do this yourself will be limited to Court fees. Yes there will be a hearing because a Judge will decide at that hearing whether to make the Order.

You can show that the SFO are investigating etc.

Can I clarify anything else for you?

Alex

Customer: replied 2 years ago.

Thank you for prompt reply. Sorry to bother you again but as I have not filled these forms in before could you confirm If I am right to fill form N16A as Follows x Part 8 /HR No/ 1 My name /2 Lender /3 ? 4 ? /5 ?


6 ? / 7 Do I enter address of Lender their Solicitor and Receiver 8 My name and Address. Form N11 My name and address 2Dfendant name and address . 3 Brief details of Claim ? 4Value ? 5 Do I choose local County Court 6 Do I put Court Fees in this box .6 No HR 7 Do I fill in brief details. I have an appointment at Land Registry on Thursday to see some documents that have been submitted with previous transfer documents by the Lenders Solicitors as they have found that they have been forging documents. Hope that you can help me on the Forms .


 


John

Expert:  Ash replied 2 years ago.
I don't quite get - which part are you stuck?

Customer: replied 2 years ago.

Please could you tell me if I need to put Receiver and the Lenders Solicitor down on question for list of names for service also do I just put court costs for costs.


 


John

Expert:  Ash replied 2 years ago.
Yes you put both names down. You also just put court costs down at this stage.

Does that help?

Alex

Customer: replied 2 years ago.

Thank you I have bookmarked your profile if I need any further help later on I will get in touch with you . Please respond so that I can rate you.


John

Expert:  Ash replied 2 years ago.
Great - if I could invite you to rate my answer as well so that I am credited for my time. Thank you.

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