JGM (Scots Law Expert) has already been dealing with this case and advised that she would be able to help with this once we posed the question. Please can you arrange for her to deal with this if at all possible.
In brief. A Mr D P Thomas got BTL mortgages to buy 7 flats at the complex off-plan. These included - Flat A9/1, which should be GLA172640 and was originally plot no 9/8. Next, Flat A9/3 should be GLA12627 and was originally 9/6. In Feb 2005 Thomas sold A9/1 to Kiran Patel. Strefford Tulips acted for both buyer and seller under a letter of agreement. In the contract docs supplied to KP by Strefford Tulips there was no Title No: no copy of the Title or Title Plan (Title was eventually forwarded in October 2012). 9/6 and 9/8 were changed at some point to A9/3 and A9/1 but the Titles were switched. The Mortgage Business Plc financed the original 7 mortgages and clearly believed that they sold A9/1 to KP in 2005. They issued a Calling Up Notice for A9/3 in 2012 after Thomas defaulted and later issued a Notice for A9/1 after realising their error (only because the bailiffs refused to enforce . I argue they sold A9/1 in 2005 and gave up all rights. Kiran Patel owns Title GLA 172640 which should be for A9/1 but is actually A9/3. So he actually purchased and occupies (via hs tenants) A9/1 and owns Title to A9/3. Can we argue that TMB Plc are at fault, ave no right to A9/1 (whatever the Title) and that the Notice of Calling Up (which they are in the process of enforcing) should be extended or set-aside? If so, do we wait for the Enforcement Order or act now? Either way, as the Notice was issued in November 2013 and has expired, which Court will deal with this? Finally, roughly how much would it cost to Apply to Set-Aside, extend, or join KP in as an interested party? The main argument is that GLA172627(which is supposed to be A9/3) says on the Title that it is eastmost, But A9/1 is eastmost. Strefford Tulips and Ascent Legal Scotland (for TMB) repeatedly insist the ONLY real option is for KP to move his tenants out of A9/1 into A9/3. But A9/3 is already tenanted. We ask why it is not simpler for Ascent and Strefford Tulips to arrange to amend the Titles to shw GLA172627 as westmost and GLA172640 as eastmost. have suggested KP can permit TMB to enforce by Consent the Notice for GLA172627, without actually taking possession of a property. That way, the Titles become correct, all Charges remain correct, KP keeps A9/1, TMB become outright owners of A9/3 and get their Flat back (although they will have to evict the tenants in A9/3. Everyone is happy - what's the problem. Ascent/Strefford Tulips will not have it!! Awaiting arrival of the Enforcement Order, assuming this will give an eviction/bailiff date?
We are happy to wait. However, having heard from JGM that she feels this is a matter which required direct contact with a solicitor, we cancelled the subscription in the belief that Just Answer were unable to help. If this is not the case and an alternative expert is able to assist (provided they are expert in Scottish Property Law) then this would alter things. Please let me know.