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F E Smith
F E Smith, Advocate
Category: Traffic Law
Satisfied Customers: 10647
Experience:  I have been practising for 30 years.
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I have a four bedroom property to which l have been paying a

Customer Question

I have a four bedroom property to which l have been paying a mortgage for the last 18 yrs.The property was sold in October 2017 but unfortunately it was discovered that the Bank of Scotland only have tital to a quarter of the house due to the the banks surveyors and solicitors making a mistake when the original mortgage agreement was drawn up.I have been trying with my surveyor over the last few months to have a meeting with them but they are not willing to do that saying that I should contact the original solicitor who made the mistake, as it is my problem not the banks, l totally disagree.I have stopped paying the mortgage since February in an attempt to force them to talk to me, still no response.
We over the last few months have
bombarded them with emails and phone calls to try to resolve the situation.My purchaser is still willing to purchase the property but are not going to wait much longer understandable.THE Bank have 500.000 in the property that they do not have clean title too, which incidentally they have admitted too yet are trying to put the blame and responsibility on to me and not the surveyors and solicitors used by them to secure the loan.I have ever told them verbally to repossess the part they have title too trying to put a boot into somebody's backside, yet again no comment.I understand that their has been a grave mistake made by someone but it is certainly not me, l find it totally unacceptable that the Bank have treated me this way causing me a great deal of stress and anxiety as I have been a customer for many years.Await your commentsP l Scandrett
Submitted: 13 days ago.
Category: Traffic Law
Expert:  F E Smith replied 13 days ago.

Hello for clarification - have you contacted the solicitor who dealt with the house purchase?

and this issue has been discovered by whom - your purchaser's solicitor?

Customer: replied 13 days ago.
THE solicitor who dealt with it was bought out by a rival company who then went bankrupt l don't know where he is now.
Purchasers solicitor.
Expert:  F E Smith replied 13 days ago.

The worst thing you can do is stop paying the mortgage. Whoever told you to do that, ignore them. I suggest that you start paying immediately and pay the arrears otherwise you are likely to be on the receiving end of an application for a possession order.

I need to know exactly what’s happened with the bank here because the bank don’t have title to the property you do. The bank have a mortgage over it so your title is subject to the mortgage.

I need to know exactly what happened and what the problem is please.

Customer: replied 12 days ago.
Can you give me a call please.
Expert:  F E Smith replied 12 days ago.

I apologise for the delay in getting back to you. I have had clients all day. Are you available to speak on the telephone now?

Expert:  F E Smith replied 12 days ago.

I apologise for the delay in getting back to you. I have had clients all day. Are you available to speak on the telephone now?

Customer: replied 12 days ago.
After 4.45 if that's possible.
Expert:  F E Smith replied 12 days ago.

I’m afraid that the telephone call offer has now expired. For some reason, they have a time limit. Can you re-request and I will call you straightaway? Thank you.

Customer: replied 12 days ago.
Please call me.
Expert:  F E Smith replied 12 days ago.

I cant as I no longer have the number. It is an automatic connection system. You need to re-request the call please

Customer: replied 11 days ago.
I requested a call but for some reason no one has called.
Could you please get back to me.
I sent you a site plan, l hope you got it, much easier to relate to.
Thankyou.
Expert:  F E Smith replied 10 days ago.

You need to re-request the telephone call because the offer is expired and the telephone number has disappeared off the system.

The system connects the telephone calls automatically. I did say that the day before yesterday.

I’m happy to call and I can do almost any time today but I do need you to re-request it. Thank you

PS I don’t have a plan

Customer: replied 10 days ago.
I have Requested a call back.
Expert:  F E Smith replied 10 days ago.

I cannot see it and I cannot see a telephone number. I will refer this to admin because I am stuck at present

Customer: replied 10 days ago.
MY phone number is *****
Expert:  F E Smith replied 10 days ago.

I can’t ring you directly. It has to be connected through the system. I have reported it to admin.

Customer: replied 10 days ago.
DON'T worry have make other arrangements.
Thankyou.
Expert:  F E Smith replied 10 days ago.

I can only apologise. It’s out of my control