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House Sold Before Repossession, Just Lost £19 Grand And Want To Know Why


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I'll be as brief as I can, My brothers partner has just sold her house, her ex husband took out a secured loan on it, they split up a couple of years later, he paid for a few months then when she met my bro he stopped paying the loan...First plus took her to court for possession even though the property was up for sale and an offer accepted. this was suspended for 4 weeks, then back to court again when it still was not completed 4 weeks later, again another suspended order in order for the sale to complete.

This is where it gets complicated

She put it up for sale with a local estate agent, who called and said an offer had been made which she accepted and a survey was carried out.

Then she was told the buyer pulled out a week later and that another buyer was interested, so it was surveyed again, by the same surveyer as 3 weeks previously but at £5000 less.

She accepted on the condition that the buyer paid her conveyancing fees which they agreed and instructed a solicitor from out our area.

For some reason, which she has no idea, a local property management company became involved through the estate agent, she was just greatfull the house was not going to be repossessed and left the solicitor to do his job, 2 weeks before the completion date she got a call from the property management company claiming that if she did not reduce the price by £3000, the buyer was pulling out and to prevent this she was to go straight to their office and sign a form to agree to this.

Panic set in and thats what she did, so she originaly agreed to sell for £56.000 and then dropped the price to £53.000.

This is where it gets really complicated and nothing I.ve ever heard of before.

The sale goes through and she checked her bank to discover that only £2,895.15 had been deposited from the sale so she called and asked for all the paperwork relating to the sale and this is the breakdown

Sale price of property £56.000

less

£21,00 Indemnity Policy

£3000 to the property management company

£16.000 Option Release to G****** H***** Ltd

£22138.20 Mortgage Repayment

£10666.15 Secured Loan repayment

£300 monies to client, (cheque attached)

£979.50 Solicitors Fees VAT and Disbursements

 

I've put a letter together demanding original copies of all signed paperwork, showing she agreed to pay £16.000 to some company she has never heard of, also the property management company lied, the buyer was never going to pull out and I believe they got her to sign a form of some kind so that they could get £3000 for themselves.

We sent the letter by recorded delivery and on the day the solicitor received it he rang my home no to speak to my sister in law as my no was at first the contact no, however my hubby answered and he left a message for her to call him straight back, I've said not to as if there is no dodgy dealings he would have sent her copies of all the signed paperwork as requested.

Weve got copies from land registery naming the buyer and showing his address and the sale price of £56.000, it appears on the register that he bought the house as a private dwelling house...can anyone advise or give an oppinion as to why she's lost £19.000 and still paid the solicitor...Gc

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I must be missing something - I see the shortfall as £14k?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Sorry Mr Shed, its they wat I've written it down

 

she sold for £56k

 

she received credit of £3195

 

so after repaying mortgage £ 22, 138.20

secured loan £ 10. 666.15

property management co £ 3, 000

and Option release £ 16 ,000

Sols fees and indem policy £ 1, 000.50

 

Total £ 52 804 85

plus her credit £ 3 195 15

 

TOTAL £ 55 999 90

 

The Sol still has not replied, and she is certain that she did not sign any form to pay this option release to any company of £16,000, she has no idea who they are and has not seen their name on any correspondence and the property managemant co, conned her out of 3 grand:-o

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I am not fully clear on the details as trying to understand, if solicitor acted for the seller then they should have confirmed all the details of who was going to be paid before the exchange was done to seller.

 

Did she at any time agree and query who and what was being paid. I am trying to understand the 16k to option of a company? Is it not worth ringin solicitor to query these?

 

I am sorry if I have missed something obvious on here.

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Hi Chillinlong

 

We are thinking exactly the same, I did speak to her Sol when she was going to court with first plus, she asked me to speak to him on her behalf because, as the buyer appointed the Sol he was very vauge about the property management company, i asked him why they were involved and he said that the property was being bought as a buy to let and they were the letting agents, I also asked him outright whether they were to be paid any commission from the sale and he told me no, the property was marketed through a local estate agent who now want £1100 which she does not have.

 

We do not know who this other company are who the sol paid £16000, i've looked them up on the internet and they are one of those companies who buy your house and rent it back, but the name of the buyer on the docs from Land Registery show it was bought by a man, showing his name address and how much he paid, also that it was bought as a private dwelling.

 

With everything she's been through, she does not feel confident enough to speak to the Sol, she's worried he will throw lots of legal terms she has no idea of and is quite stressesd about it all.

 

I believe, after writing to him, asking for copies of all signed correspondence, if he had nothing to hide, he would simply forward these to her, instead he called my home where my husband answered and left a message for her to call him, also he has faxed docs to us for her before so he could have faxed the info she asked for.

 

I've also checked into his firm of Solicitors and they are involved in the buying and letting of properties.

 

I'll give him until mid week then SAR him, and also I've advised her to seek legal advice, but we need to see the paperwork first so we know whats going on...Gc

Edited by groovycaz
typo
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Hi Groovycaz,

 

I am in the industry of properties and I have a feeling I know who they are but I could be wrong.

 

The solicitor needs to be clear to seller about why they have paid etc. The only reason I can think of the 16k being paid to them as a loan is a scheme (Allows a buyer to buy without putting deposit down using a third party loan but to be paid back by the seller) I am aware of but it does not stack with the figures you have mentioned.

 

If the seller is worried, need to make a clear letter and report to the Law society, but again I need to know more details as it is very unclear what you are saying and it does not stack up figures wise.

 

Maybe it is worthwhile posting the invoice on here? Without personal details etc though. Write to solicitor requesting why such and such have been paid and on whos authority it has been sent from?

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hi Groovy caz,

 

I do know them and I do also know they are reputable and have a code of conduct but I am unsure as to how the miscommunication has happened here.

 

From the completion statement it seems to me that the seller has sold for 56k minus the 16k which was probably the deposit used by the buyer but given back by the seller to purchase and then minus the property agents fee.

 

In other words it was actually purchased for 40k minus the agent commision. The buyer will make the difference so that they can get a mortgage of for example 80% of 56k, then they can buy without tieing the deposit in.

 

It probably does seem a little complicated but I assure you it is legal and abvoe board, it is just that the seller probably knew they were selling for 40k but then got very confused with the statement, does that sound like the case?

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Not really,

 

I understand what you are saying however, why are so many people involved in the sale of the property,

 

Why 2 weeks before the sale completed was my sister in law summoned to the office of the letting agency informing her that if she did not reduce the sale price of £56k by £3k the buyer was pulling out, that was lies as the buyer had no intention of pulling out, he had previously paid a 5k retainer and low and behold the letting agency was paid the 3k,

 

No, I'm sorry but something is not right here, the Sol was supposed to be acting in her best interests

 

He should have explained in detail, everything regarding the sale of the property, including how and why she was paying £16k to a company she had never heard of.

 

If that was the case, why is this company involved, why did she not just agree to sell her property for £40k to the guy named on the docs from Land reg, which states it was bought as a private dwelling.

 

This can not be correct, how can this be above board when she knew nothing about it ??

 

we are talking about a lady in a desperate situation where she is about to have her house repossessed and the same valuer, values her home at £5k less than he did 3 weeks previously, she accepted on condition that the buyer paid her Sols fees !!

 

I myself spoke to the Sol involved and he told me the property management co would not be receiving payment, their involvement was as a letting agent, their sign is up outside the house now.

 

Can I ask you how you know about this company and that they have acted correctly please...Gc

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I really couldnt tell you without actually knowing who was involved etc but the first thing I would maybe look for is the offer letter the seller would have got from the buyer, hopefully this should say the purchase price etc and then maybe you can go from there by querying the details.

 

I agree with you that the buyer should have took the time out to explain all the process and why the statement has come out as it is, I presume the buyer appointed the solicitor for the seller? Maybe it is worth ringing the buyer and ask them to explain how has it come to this etc and maybe this will clear it up.

 

She maybe agreed to sell the property for 40k, but for the buyer to have to be able to buy he would have needed the valuation to come out at 56k. Again I am assuming what has gone on because my guess is this may have been sold on to another investor at some point, but I dont know the ins and outs at all for this. Its just that I am familiar with the strategies used etc to work around these as I buy and sell properties for a living so I am only trying to help where I can with my experiences.

 

It is wrong to drop the price at the last minute, unfortunately a small minority do this and it is not a nice tactic as it causes a lot of distress for the seller but again maybe it was because the valuation came in less, however I am not justifying this action. When you say valuer I presume you mean soembody from the buying company? A chartered surveyor would only come in once to value the property not twice.

 

I only recognised the name of the company as it is not a name you see every day and I remembered as I have come accross them before in the industry. But I cannot confirm that they have acted correctly, I assumed they would because they used to have a code of practice, this was about 4 or 5 years ago though.

 

Let me know how you get on.

 

Good luck.

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Thank you for your reply,

 

Sorry I was wrong saying valuer, it was the chartered surveyor who came out twice in 3 weeks, the same person came out the second time after they said the first buyer pulled out...I just believe she has been conned big style and the Solicitor the buyer instructed to act on her behalf has still not given her copies of the docs she asked for...wonder why that is..!!..Gc

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It does sound like it has not been a transparent deal for the seller.

 

I would only suggest doing a SAR on the solicitor perhaps.

 

But importantly, have you got any documentation from the buyer of what the offer is etc? This would then maybe explain the figures with the solicitor?

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Dont know if I'm missing something (again) - but have you yet simply rang the solicitor and asked for clarity around the figure?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Chillinlong...She does not have a letter from the buyer with an offer, what happened was she was in hospital ( kidney transplant follow up appointments) when the estate agent called her (after the 1st buyer pulled out ) and told her that another buyer was interested in viewing the property, that was arranged and the same surveyor came out and she was told the offer over the phone of £56000 which she accepted...no letter ever camr to confirm this.

 

Mrshed, we have written to the Sol for copies of all letters she signed, as I previously said, she does not have the confidence to speak to him, and he still has not sent the information she asked for, The Sol spoke to me when first plus were taking her to court but I rang him yesterday on her behalf and he refused to discuss the matter with me !!

 

I told him that he was leaving her with no option other than to SAR him and he hung up:eek:

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Groovycaz,

Maybe it is worth turning up at the solicitor with your friend and demand to go in and ask for an explanation where the rest of the monies has gone if she was suppsoed to have sold for 56k there and then otherwise you will report to the law society.

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I personally feel that we are jumping several stages ahead here.

 

Surely the first stage is to simply contact the solicitor and ask for clarity on the cost?

 

If the person in question does not feel up to contacting via phone then fair enough - but this should not lead to a jumping to conclusions, and SAR or formal complaint.

 

If they cannot phone them, write a letter.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Hi MrShed

 

When she got the statement of account which I posted through photobucket, I pet a letter together for her then asking who was the company she paid £16k, and why, also why she had paid £3k to the property management company. the letter was dated 3rd Feb and posted by recorded delivery, to date he has not responded so what next, she needs answers, Gc

Edited by groovycaz
typo
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Decided to write to the Sol's again asking for copy doc's

 

In the meantime, had a look through letters she received from the house sale, "which are very few" came across a letter from 21st Century Property Solutions...anyone heard of them ??? Gc

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Update,

 

Solicitor replied to her today, said he'd received 2 letter's and for identity purposes, wants another letter with her signature and wants to speak to her on the phone ???

 

He knows who she is and that its her so why would he need a "signed" letter...Gc

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Send him a signed letter along the following lines:

 

"Dear Sir,

 

I refer to my two previous letters and to which you have not replied.

 

I am writing to you for a third time as requested.

 

Kindly note that unless I am in receipt of your substantive response by the close of business on XXXX, I shall be filing a complaint with the Solicitor's Regulatory Authority without further notice.

 

Yours etc..."

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another update...she had reply from the Sols today with some of the information she requested, some information missing and he's told a few fibs... stating that she signed an agreement to pay his fees although this there was no copy of this in the docs he sent which I'll scan and post them after I've finished work tomorrow,

 

what I'm finding hard to get my head around is the fact that she never received any offer letters and although he states otherwise, she agreed to pay his fees...the facts are she was never given the opportunity to instruct her own Solicitor, the "buyers" instructed the Sols to act on her behalf and given her poor state of health and the worry of repossession she didnt give it a great deal of thought...I've never heard of any buyer instructing any Solicitor to act on the sellers behalf...got my doubts whether they were all in it together...Gc

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A complaint to the law society will uncover if the solicitor has done something wrong its not difficult and as solicitor was acting for her if he has done wrong he can be ordered to compensate her

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