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kesnigton tittle issues

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Hi, Would appreciate suggestions, advice or any assistance or help with the following issues:

Southbank solicitors (SBS) acted for both myself and the lender in the purchase of a property. The property was sold as a freehold. There was a mortgage application made to Gmac RFC. The mortgage account was subsequently sold to Kensington Mortgage .

It appears that at the time of completion, there were serious issues with the title of the property as the Commission of New Town, who are the freeholder had refused to complete the transfer of tittle deeds because the developer had not completed all of the required work to specification. Both SBS and the developer did not disclose the above issues and concerns at any point during the purchase of the property to me which I believe breached full disclosure during the conveyance.

It is my opinion that based on the above Southbank Solicitors should NOT have proceeded to complete the purchase of the property. I am amazed that this mortgage completed without basic relevant statutory documentations.

As a result, Southbank failed to register my interest in the property and the bank’s charge over the property. This problem was caused by SBS professional negligence and incompetency, I am also of the opinion that all losses from both parties should be met by SBS and its insurances. As this was a failure (professional negligence) on the part of SBS. To compound all this SBS has been intervened by the Law Society and the developer has also gone into liquidation.

 

I now have at least a number of issues : one how do I go about to acquire full tittle (the freeholder have offered a limited tittle and what are the implications if I agree to one) and the original mortgage deed cannot be found Kesington wants me to sign a replacement mortgage deed and charging all the cost to the mortagage account. Should Kesington be charging me legal fees ? Shouldn't they be seeking to claim against SBS insurance?

Would really appreciate advise or suggestion on this matter.

Thanks

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Hi, Would appreciate suggestions, advice or any assistance or help with the following issues:

Southbank solicitors (SBS) acted for both myself and the lender in the purchase of a property. The property was sold as a freehold. There was a mortgage application made to Gmac RFC. The mortgage account was subsequently sold to Kensington Mortgage .

It appears that at the time of completion, there were serious issues with the title of the property as the Commission of New Town, who are the freeholder had refused to complete the transfer of tittle deeds because the developer had not completed all of the required work to specification. Both SBS and the developer did not disclose the above issues and concerns at any point during the purchase of the property to me which I believe breached full disclosure during the conveyance.

It is my opinion that based on the above Southbank Solicitors should NOT have proceeded to complete the purchase of the property. I am amazed that this mortgage completed without basic relevant statutory documentations.

As a result, Southbank failed to register my interest in the property and the bank’s charge over the property. This problem was caused by SBS professional negligence and incompetency, I am also of the opinion that all losses from both parties should be met by SBS and its insurances. As this was a failure (professional negligence) on the part of SBS. To compound all this SBS has been intervened by the Law Society and the developer has also gone into liquidation.

 

I now have at least a number of issues : one how do I go about to acquire full tittle (the freeholder have offered a limited tittle and what are the implications if I agree to one) and the original mortgage deed cannot be found Kesington wants me to sign a replacement mortgage deed and charging all the cost to the mortagage account. Should Kesington be charging me legal fees ? Shouldn't they be seeking to claim against SBS insurance?

Would really appreciate advise or suggestion on this matter.

Thanks

 

 

DO NOT SIGN ANYTHING with anyone (in particular Kensington) unless and until you have received good professional legal advice.

 

I repeat DO NOT SIGN ANYTHING!

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Thanks, I haven't and certainly won't sign any document without legal advise

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This would appear to be a landmine ready to go off. Without your signature nothing can happen what you have here is a Tort of Deceit. The timeclock doesn't start running until it is discovered. I refer you to:Limitation Act 1980 s32 (1)(a) the time clock in which to sue does not start running until the claimant discovers the deceit or could with reasonable diligence discovered it. Context: You bought in goodfaith, that has been renaded on as a result you are experiencing loss. The harm is to you in buying the property, the injury really & truely maybe how its effected your health...? The loss is the value of the property in that you have the right to a home life?

1. Gmac as far as I can remember where classed as 'adverse lenders' - people with poor credit hence not using a normal high street lender.

2. To pass the Mortgage to another lender without consultation begs the Q. so who is the contract with? Is there a contract?

3. The acting solicitor... Surely this would be a 'conflict of interest' in that they represented both parties (Mortgage & sale) then changed the Lender? Were they aware - they must have been. This comes across as total negilience, as it appears that the solicitor has not acted in your interests. Therefore in whose interest has he been acting?

4. It's of no surprise as to the builders going in to liquidation. Try & find out who the liquidators are - ring the Insolvency Office. Also try & get online to see if you can track down the Directors of the Dissolved Co. Check all the sites not just Co's Hse or say Dunn & Bradstreet. Your objective here is is to see if their is a papertrail that may link in both the solicitors & the developer, via a partner or even an associate. This may then create a case for Malpratice.

5. With regards to the developer by sifting through the sites try & identify home address's - reason being you may be able to levy a Unilateral Notice against their properties. I put this Q. out to the rest of the site too as to the facts as I'm only surmising on this point.

5.

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