Tom and I have received two formal, written notifications, as follows:
The first to arrive was from the Ordre des Avocats in Toulouse, equivalent to a regional Law Society in the UK. The writer was the same gentleman who swiftly contacted us when we made our initial complaints about the incompetence of our first avocat, Maitre MA, and about our missing Property Deeds that should have been returned to us, in our file, by our third and last avocat, Maitre AB.
We have been given a Case number and both avocats will face a Disciplinary Board; we will be notified of the outcomes in due course.
So far, so good! Although, it now looks very likely that one of our avocats has lost our Property Deeds! Maitre AB assured the Ordre several weeks ago that our Deeds would be returned to us in our file without delay, she was the last avocat to have our file. Our file has not arrived, our Deeds have not arrived. The ‘pile’ is on the market and we need the Property Deeds!
Some time ago, when we were a couple of years into our house Case, we came to the conclusion that, in France, one often hires an avocat then does the work for the avocat! We reached that conclusion from our own experiences with Maitre MA and Maitre AB.
So, are there any gumshoes out there? We could do with a few handy hints about how to find our Property Deeds!
The second notification came from the Chambre des Notaires in the Cantal, the overseeing body that has been investigating our complaints about the incompetence of the notaire who administrated our purchase and our fraudulent sellers’ sale.
We have been given a Case number, the notaire is facing a Disciplinary Board and we will be notified of the outcomes in due course.
Shame we haven’t been given dates when these disciplinary Hearings will be heard. But, I will be giving both overseeing bodies a shake next week. On Monday morning, I will be posting to them copies of a piece of vital evidence that should have been seen by the justices at the Tribunal de Grande Instance in Aurillac, in 2008, or, as fresh evidence by the Judges at the Cour d’Appel in Riom, in 2009. The evidence bears a September 2007 date and was received by Maitre MA that same month, it was sent to him by…wait for it, Monsieur C! The evidence proves conclusively the following facts and I will be sending copy to FNAIM, too:
1. Our sellers, Monsieur and Madame T, committed fraud against us, vice caché. The Cour d’Appel got that right, the Judges just didn’t follow through – they would have been hard-pressed not to do the right thing if they had seen all the evidence including the document we have to hand!
2. The administrating notaire, Maitre CB, did not follow the full, correct procedures as set down in the French Civil Codes. She failed us and she failed in her duty as an agent of the French Government.
3. The Immobiliere, Monsieur F, knew about the vice caché set-up long before we completed the purchase.
4. The Immobiliere collaborated with the property insurance agent who provided us with our first Buildings and Contents Insurance policy, to ensure that we did not cotton on to the vice caché before the notaire rode off into the sunset ‘en vacance’, after the sale/purchase proceedings were completed. More about that next time!
Yoo-hoo, FNAIM! This piece of evidence was not used in the litigation proceedings. So, you can mediate now, go for it, we are waiting! Monsieur F, you have had over 6 years of swimming off the hook, despite the fact that we and all three of our avocats were convinced that you were up to your neck in vice caché pooh! You can eat your heart out – we’re on your tail!
In the meantime, for anybody out there who is purchasing a property in France, you are not required to use the same notaire as your seller(s). You can use a different notaire, the fees will be divided between the two notaires and it will not cost you one cent extra. But, using the two notaires method could save you years, or even a lifetime, of heartbreak, discomfort, fear and homelessness.