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 redemptions that were paid off when I remortgaged my house to pay off my bankruptcy and trustees debt. Ist redemption was previous mortgage company, 2nd tustee interest, third petiotioning 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
I'm afraid your question relates to conveyancing solicitor's as opposed to the Insolvency industry and as such I am unable to advise you of the technicalities of your situation except to say I stand by my comments on your previous thread on this subject in that some of the monies paid should be recoverable in some way.
When a solicitor is instructed
Posted - 08 March 2009 : 11:43:23
