Tricky Question

[upndown]

When a solicitor is instructed to handle the provisions of a re-mortgage is it their duty to make sure that any caution or charges on a bankrupts property are removed. If a trustee in bankruptcy is paid a sum and from that sum he pays off the petitioning creditors debt, should the solicitor send a further payment to the petitioning creditors solicitors. If they do are they guilty of negligence. There were three redemption that were paid off when I remortgaged my house to pay off my bankruptcy and trustees debt. Ist redemption was previous mortgage company, 2nd trustee interest, third petitioning creditors caution.
Should my solicitors who handled the provision of remortgage funds paid a third redemption. Should they not have known that the petitioning creditor in bankruptcy would have been paid by the sum received by the
trustee in bankruptcy, which resulted in the creditor receiving two individual payments for one debt.
Do I have claim against this solicitor,

Any advice or help will be greatly appreciated, thanks

[strangewayofsavin]

Re: Tricky Question

Basically, the Solicitor is responsible for the searches on the propety in question, the seaches would have revealed any 2nd or 3rd charges on the property, he would, of as a matter of legal practice, had to have fulfilled the outstanding charges.
If the Charges on the property were incorrect or duplicate, then this matter would have to be taken up with the company who duplicated the charge/s on the property.
In the first instance a Subject access reqeust letter should be sent, including a request for a full statement of account, see the letters in the relevant section of the templates library.