On the face of it, it certainly sounds like negligence. If I were you, I wouldn't go into too much detail on a public bulletin board like this — and especially, don't name the solicitor! — but would approach another solicitor for advice a.s.a.p.
I find it hard to believe that an executor would be appointed and not be aware of it. Why did the other executor not inform the non-contacted executor? Who carried out probate?
Also the solicitors lost the deads of the house after they were returned by the bank. They only found them last year which meant i could only get a bank loan instead of a mortgage on the property which cost me thousands of euros. .
Do you have to produce physically the deeds when re-mortgaging? You appear to be saying that a bank gave you a loan on a house for which you could not prove title. I doubt this.
Any one or more executor/s can prove a will, reserving the rights of the other executor/s and without notice to them.
Should the probate have taken place earlier? Not a matter for the solicitors- who take their instructions from the executor. Perhaps/ perhaps not. The delay in taking out probate did not necessarily disadvantage you since you were not to inherit in any case until you were 25?
RE mortgage versus personal loan. Did you inform the solicitors of your urgent need for money and that they were disadvantaging you in this way? Did you give them an opportunity to deal with your complaint at the time by keeping them fully informed of your situation?
It's very difficult to give you a precise answer except to say you should really take a consultation with an independant solicitor to talk through these issues in context.
Not to rub it in but you may have a capital gains tax liability for any appreciation in the value of the house after you became the owner!! Again I believe a solicitor is legally required to inform you of this
Not to rub it in but you may have a capital gains tax liability for any appreciation in the value of the house after you became the owner!! Again I believe a solicitor is legally required to inform you of this