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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10777
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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We have a repossessed flat in our building (52 Elgin Av w9)

Customer Question

We have a repossessed flat in our building (52 Elgin Av w9) in London. The land registry say it is still owned by ***** ***** but then we were told it had been repossessed and the land registry not updated.
The mortgage was with the Bank of Scotland PLC - how can we find out for sure and what can we do to force the bank to sell it. It looks like a crime site with the broken in door.
Susannah Fancelli
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.

Hi Susannah, do you and the other residents own a share in the Freehold or is the Freeholder an independent party? Kind Regards Al

Customer: replied 1 year ago.
No it is a leasehold flat with the freehold held by ECFI Ltd. Adrian Wheeler is the boss there and will not share information. There are 5 flats in a converted London house.
Customer: replied 1 year ago.
Land Registry Details
: NGL725657
: Basement And Ground Floor Flat,***** London (W9 2HA)
: £195,000
: ***** ***** ALLEN of Basement and Ground Floor Flat,***** London W9 2HA.
: Bank of Scotland PLC1 (14.02.2008) REGISTERED CHARGE dated 14 December 2007.
2 (14.02.2008) Proprietor: BANK OF SCOTLAND PLC (Scot. Co. Regn. No.
SC327000) of 1 Lovell Park Road, Leeds LS1 1NS.
Expert:  Aston Lawyer replied 1 year ago.

Hi, thanks for your reply. Well, I'm afraid that there is no public record available to see if the owner has had the property repossessed. Likewise, the property will remain in the owner's name until the Flat I sold (the Deeds aren't changed into the name of the Bank upon a property being repossessed). The only way of getting any information would be for the Freeholder to write to the Bank, stipulating that the owner is in breach of the terms of the Lease (for non payment of ground rent or service charge for example) and this would pre-empt the Bank from disclosing the fact that the property has been repossessed. Furthermore, the Freeholder cannot force the Bank to sell if it has been repossessed, although all Banks will want to sell as soon as the property is marketable. So, fingers crossed, it will be placed on the market soon, but in the meantime, I'm afraid there is nothing you can do to force the issue and it is up to the Freeholder to demand that the Bank carry out any necessary repairs, if the property has been repossessed. I am sorry this is not the answer you were looking for, but it sets out the legal position. Kind Regards Al

Expert:  Aston Lawyer replied 1 year ago.

Hi, if I have answered your question, I would be grateful if you could rate my answer, so I may get credited for my time. Kind Regards Al

Expert:  Aston Lawyer replied 1 year ago.

Hi, please don't forget to rate my answer, if I have helped. Kind Regards Al