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Anyone know what to do if previous owner of house had secured loans on it and is now defaulting on payments ?

109 replies

scatterbrain · 16/06/2008 09:50

We bought this house last summer and still get loads of post for the previous owners - my solicitor friend suggested we opened the post to see what was going on and anyway - it appears that he has several loans secured on this house, hasn't changed his address with them and is now defaulting on the payments !

I have written to one of the loan companies and just phoned another one now and gave them his new address - but I am really worried now that our house is going to get credit blacklisted or something because of his secured loans .

Anyone know what we should do to make sure his debts stay with him ??

OP posts:
scatterbrain · 31/07/2008 14:52

Right am going to write letter now and copy to mortgage lender etc.

Will say I want answers within week or will report to Law Society - may even mention taken legal action against them.

Thank you - you have spurred me into action !

OP posts:
ScaryHairy · 31/07/2008 15:15

You should report them to the Law Society no matter what. Definitely threaten legal action - they're expecting it anyway (which is why they have notified the insurers). It will be a condition of their policy that they notify the insurers of any likely claims.

How many partners at this firm? Since potentially they are all personally liable for this cock up, I would be inclined to copy the complaint letter to the lot of them. Stammerer might just pull his finger out if the entire partnership comes down on him...

Pruners · 31/07/2008 15:18

Message withdrawn

Freckle · 31/07/2008 15:33

When you buy a house, a term of the contract is that the property will be transferred to you free from any encumbrances. The vendor and his solicitor will have given undertakings to pay off any charges with the proceeds of sale. Your solicitor should be raising the issue with the vendor's solicitor as to why all charges were not discharged on the day of completion. None of the money from the sale should have been passed to the vendor until the solicitor had deducted sufficient funds to discharge any charges, pay any estate agent and for his/her own fees.

You need to contact the firm (your solicitor) and ask for a copy of their complaints procedure.

claricebeansmum · 31/07/2008 15:53

IME of solicitors who do not complete conveyancing and then when you try to sell house and discover you do not own it is that the original solicitors will really not do much, Law Society is slow and ponderous - you need a SH*T hot solicitor who will deal with this for you.

Ours was sorted eventually with the help of a PI and some arm twisting by us but the original solicitors never apologised or admitted they had done anything wrong...

It is a hideous position to be in I know but nobody will be out to make you homeless - it is just a huge mess that needs sorting that everyone is avoiding - you will just have to call everyone every day and become relentless.

ihatebikerides · 31/07/2008 15:57
claricebeansmum · 31/07/2008 16:04
katz · 06/08/2008 11:26

have you got any further scatterbrain?

clam · 04/09/2008 17:43

Hi. Is there any up-date on this one?

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