Help - Bank Won't Release Title Deeds

[miel]

I've had a firm offer to buy my house since February after Bank of Ireland Mortgages (Bristol & West) filed a possession claim notifed to my local authority last December forcing its sale but who've since refused to release the title deeds and charge. The FSA rules (MCOB 13.3.2 to 13.3.6) regulating the mortgage state that I should be allowed to stay in possession and effect the sale whether there's negative equity or not (MCOB 13.6.5 "A firm is not required to recover a sale shortfall."). The mortgage is clearly a regulated consumer agreement but the bank and county court say it's not. The deputy district judge gave the Bank until 5 July to get a warrant to evict me even though I'd filed the Contract of Sale. I found out afterwards that the judge is a consultant to solicitors advising "... developers and their banks, local authorities, development agencies and public sector". I've appealed. Does anybody know how I can get the bank to release the title deeds to my solicitors?

[Guest Mrs Hobbit]

Your solicitor should be able to do this, this part of the service you are paying for.

[supersleuth]

Miel,

 

Sounds like you don't have an independent and impartial judge - which is a breach of your Article 6 right to a fair trial. Well that's the law as it stands, but unfortunately (for a large majority of us), we are subjected to these venal judges who are conflicted and use their judicial office for their own financial gains.

 

There is another thread I was reading earlier today which was much along the same lines as yourself -i.e., house sold but mortgage lender took possession rather than let her sell it (although there was no mention of potential judicial corruption in her post). But there was some good advice there which could help. I will find the thread and post it up for you.

 

Was the judge a Deputy District Judge by any chance?

 

Also, was the possession order an immediate possession order or was it a suspended possession order?

[supersleuth]

Here's the thread

 

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/262768-eviction-date-today-i.html

 

Also, have you had an eviction notice yet?

 

Note in the advice in thread link posted above - that you can make an application to set aside an eviction.

 

Also, Mrs Hobbit is right - if you have a solicitor that is doing the sale conveyance for you - see the advice about this in the thread link posted above.

 

Plus, ask your conveyance solicitor why he has NOT GOT the deeds yet - it is a simple task. As your solicitor to tell you the REASON they have given for their failure to give him the deeds.

 

Hope this helps

 

Let us know how things are going so for you as many other people could offer you advice

[patrickq1]

FSA fines Kensington Mortgages £1.2m

 

Sub-prime lender Kensington fined for levying 'unfair and/or excessive charges' when borrowers fell into arrears, and must repay an additional £1.1m to affected customers

FSA fines Kensington Mortgages £1.2m | Money | guardian.co.uk

[patrickq1]

anymore on this