• Misrepresentation

    By Guest on 04th Mar 2020

    hi, I am investigating a fraudulent inter family transaction Property was transferred from parents to company owned by my half brother. solicitor has since been struck off. transfer was dated 26/11/2004 and a mortgage was drawn down exactly a week after the transfer (3/12/2004) solicitor protected the transaction with a search to protect a PURCHASE but named the applicant as the mortgage company, NOT the purchaser. he waited until the search had expired before lodging both deeds with different dates, under the same application at land registry. i think he transferred the house first, then re-financed an unecumbered property to extract as much finance out of the property. my parents were not paid the proceeds of sale. would you agree that the search did not protect the transaction, and that if he had lodged a search to protect a charge, the transfer could not have been registered as the daylist was frozen until the charge registered, and the transfer pre-dated the charge?

  • 1 Answers

    By Guest on 22/03/2020

    No. When registering both a transfer and a charge your OS1 would be to protect a charge but in any event, I don't see that the priority search is a material issue. were the "sellers" represented by a solicitor?

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