House Title Deed in wrong name (one middle name spell wrong)

[FUBAR247]

Hi,

I had my home repossessed and its now been sold, there is a small surplus of funds available after the mortgage and arrears and costs have been accounted for, but the banks solicitors wont release the funds to me because one of my middle names is incorrect on the title deed, I was made aware of this back in 2005 and attempted to get it corrected but it was at a time where I was working all over the country trying to get my business established and as the land registry wanted me to fax my request over to them I used the business fax and they sent forms to the business address and not the home address so I never seen them, and being busy working long days it slipped my mind.

 

When at court I told the solicitor representing Halifax that one of the middle names is incorrect and I was actually told that does not matter, I suppose it wouldn't matter to them for clawing back their asset, but when it means handing dosh over it matters big time, I bet if there was a shortfall after the sale they wouldn't have any problems chasing me for money even though the name is wrong

 

I have sent them a Statutory Declaration (witnessed by a solicitor) explaining how the name error came about, My valid passport, a Bank statement in my name showing the mortgage role number, a copy of the letter from Land Registry showing that I attempted to correct this error back in 2005, and a covering letter explaining it all again.

 

I used my passport and Birth Certificate as proof for the purchase, but the solicitors I used ceased trading in 1997 so I cant get access to a copy of the documentation.

 

What I would like to know is do they have a right to withhold releasing the funds to me even though I have provided what I can to them to show how the error happened and proof of my ID, the last letter I had from them was that they may send the money to court and it would be up to the court to release the funds.

 

Cheers