Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • frannyj543
    • By frannyj543 17th Jul 17, 11:25 PM
    • 91Posts
    • 40Thanks
    frannyj543
    Mortgage remaining how long will bank give me to decide.
    • #1
    • 17th Jul 17, 11:25 PM
    Mortgage remaining how long will bank give me to decide. 17th Jul 17 at 11:25 PM
    Hey Folks

    My mother passed away at the end of January.

    She had no life insurance and a mortgage of 45k left on a house worth 110k.

    To date I have been paying the mortgage. However I cannot take over the mortgage as I am a non UK resident. I have no way to get a mortgage for the property I have tried.

    Probate hasn't been finalised yet but I wanted to know how long will the bank let me continue to pay to mortgage until they need someone to officially take on the mortgage.

    I have heard that as long as banks are getting paid they usually aren't to pressing on the matter however others have said that once probate has been granted the executor needs to deal with bank and estate straight away.

    I am not the executor my aunt is.

    Has anyone any experience of this?

    If so how long were you able to pay before the bank pushed on deeds and takeover?

    Thanks
Page 1
    • Yorkshireman99
    • By Yorkshireman99 18th Jul 17, 2:44 AM
    • 3,280 Posts
    • 2,634 Thanks
    Yorkshireman99
    • #2
    • 18th Jul 17, 2:44 AM
    • #2
    • 18th Jul 17, 2:44 AM
    Has he bank been told of the death? They are. Unlikely to allow the situation to continue. Then the house will have to be sold to pay the debt. The house is likely to fetch more if the executors sell it than if the bank force a sale.
    • Keep pedalling
    • By Keep pedalling 18th Jul 17, 9:01 AM
    • 3,917 Posts
    • 4,276 Thanks
    Keep pedalling
    • #3
    • 18th Jul 17, 9:01 AM
    • #3
    • 18th Jul 17, 9:01 AM
    No one can take over the mortgage and you should not be paying the interest. The executor should have informed the bank of the death, and the outstanding mortgage should be settled by the executor once probate has been granted. If there are not sufficient liquid assets in the estate to settle the dept then it will have to be via the sale of the house.
    • SevenOfNine
    • By SevenOfNine 18th Jul 17, 9:11 AM
    • 1,164 Posts
    • 1,108 Thanks
    SevenOfNine
    • #4
    • 18th Jul 17, 9:11 AM
    • #4
    • 18th Jul 17, 9:11 AM
    Am I missing something? Why are you paying the mortgage?

    This was FROZEN when they (Tesco Bank) were informed of the death (death cert sent), & it did not continue to rack up interest either.

    They simply asked us to confirm when probate was complete & then when house was sold. Right up until point of sale they did not pester (not even to pester about moving the sale along as quickly as possible so the outstanding mortgage could be settled).

    Couldn't have asked for more compassionate treatment from a mortgage provider. They were not getting paid & certainly weren't pressing, though maybe they wouldn't have let it just drag on indefinitely.

    Are you hoping to keep hold of the house somehow?
    Seen it all, done it all, can't remember most of it.
    • Keep pedalling
    • By Keep pedalling 18th Jul 17, 9:14 AM
    • 3,917 Posts
    • 4,276 Thanks
    Keep pedalling
    • #5
    • 18th Jul 17, 9:14 AM
    • #5
    • 18th Jul 17, 9:14 AM
    Am I missing something? Why are you paying the mortgage?

    This was FROZEN when they (Tesco Bank) were informed of the death (death cert sent), & it did not continue to rack up interest either.

    They simply asked us to confirm when probate was complete & then when house was sold. Right up until point of sale they did not pester (not even to pester about moving the sale along as quickly as possible so the outstanding mortgage could be settled).

    Couldn't have asked for more compassionate treatment from a mortgage provider. They were not getting paid & certainly weren't pressing, though maybe they wouldn't have let it just drag on indefinitely.

    Are you hoping to keep hold of the house somehow?
    Originally posted by SevenOfNine
    That should be the reaction of most banks and building societies, I suspect that in this case the bank have not been informed of the death.
    • Jenniefour
    • By Jenniefour 18th Jul 17, 10:59 AM
    • 1,211 Posts
    • 1,234 Thanks
    Jenniefour
    • #6
    • 18th Jul 17, 10:59 AM
    • #6
    • 18th Jul 17, 10:59 AM
    OP, I think you may need to have a discussion with your aunt and find out what's going on. Are you sure your aunt knows how to fulfil her duties as executor? Could you look at the information in the sticky on this board and then talk with her?

    You definitely should not be paying the mortgage, nor should anyone else, and this would not prevent you from buying the house if you were in a position to do so.
    • frannyj543
    • By frannyj543 18th Jul 17, 9:13 PM
    • 91 Posts
    • 40 Thanks
    frannyj543
    • #7
    • 18th Jul 17, 9:13 PM
    • #7
    • 18th Jul 17, 9:13 PM
    The mortgage was frozen for 3 months. I have paid may and June. I don't have an obligation to do so but I asked the bank about it and they said if I could make payments after frozen period that would be great.

    Another reason why I paid was to buy abit of time to decide what to do with the house.

    It should be an automatic process when my aunt goes to the bank with the grant of probate that the bank tell her there and then ok you have to sell the House?

    That is my understanding of it.

    However my aunt doesn't want me selling the house and having the cash. I know she has no right but she was very close to my mother and if there was a way we could rent it out for a short time say 1 year while the dust settles we would do this.

    My problem is that no one ie solicitor or bank has said sell the house so my aunt is of the impression we can rent it short term. I know this isnt right and I have said this however at 24 and dealing with adults in their 60s they tend to play that they know best.
    • frannyj543
    • By frannyj543 18th Jul 17, 9:19 PM
    • 91 Posts
    • 40 Thanks
    frannyj543
    • #8
    • 18th Jul 17, 9:19 PM
    • #8
    • 18th Jul 17, 9:19 PM
    The bank has been told she died 6 months ago.

    Basically My aunt was trying to find ways of keeping the house. I work abroad so that's a no go so we were just seeing options.

    I have said it seems selling is the only option however she keeps pushing back and going ahead with renting it.
    • Yorkshireman99
    • By Yorkshireman99 18th Jul 17, 9:36 PM
    • 3,280 Posts
    • 2,634 Thanks
    Yorkshireman99
    • #9
    • 18th Jul 17, 9:36 PM
    • #9
    • 18th Jul 17, 9:36 PM
    The bank has been told she died 6 months ago.

    Basically My aunt was trying to find ways of keeping the house. I work abroad so that's a no go so we were just seeing options.

    I have said it seems selling is the only option however she keeps pushing back and going ahead with renting it.
    Originally posted by cclem345
    Your aunt, as executor, needs a reality check. The mortgage agreement will almost certainly not allow tyhe property to be rented. As executor she has a legal obligation to deal with the estate in a legal and timely manner. She will be personally liable for her failure to deal with the estate in a timely manner. Once she has probate assuming the assets are not enough to pay off the mortgage then she has no option but to sell. It is not up to the bank to tell her. A forced sale by the bank is likely to result in a lower price for the house and the estate will have to pay the costs. She would be laible to the estate if it can be proved she did not act in a timely manner. Don't be afraid to tell the harsh facts. You might also want to make sure the house is insured.
    Last edited by Yorkshireman99; 18-07-2017 at 9:38 PM.
    • frannyj543
    • By frannyj543 18th Jul 17, 10:21 PM
    • 91 Posts
    • 40 Thanks
    frannyj543
    It's a situation that has me baffled. Because everyone I have asked her has told me the same thing.

    I have asked enough times to which I get the reply " as long as the bank is being paid they won't push to hard for a decision to be made say 6-12 months" and in that time we can see if we can find a solution.

    I know this to be !!!!!!!!. Everytime I challenge it it comes with dont worry we will look into it and find a way.

    My aunt has absolutely nothing to gain by messing about. I do honestly think she just doesn't want me to sell the house and have perhaps 70k sitting in my bank account.

    However that is not her problem my problem or anyone else's. It's the legalities.

    Do you reckon when she goes with the grant of probate she will be then told by the bank ok there is 47k owing. How do you intend to raise this?

    This is what I want to happen just because I believe it I forcefully say something which I am near at it will cause family troubles.

    The problem too is the house is almost at the stage of being rented which I know hasn't even been allowed by the bank.

    It's a disaster and with living abroad and solely being a beneficiary I have f.a say in anything at the minute.
    • Yorkshireman99
    • By Yorkshireman99 18th Jul 17, 10:27 PM
    • 3,280 Posts
    • 2,634 Thanks
    Yorkshireman99
    I suspect that your aunt has not told the bank the true position. I can only suggest you write to her formally setting out the realities. Making sure the house is insured is crucial.
    • frannyj543
    • By frannyj543 18th Jul 17, 10:33 PM
    • 91 Posts
    • 40 Thanks
    frannyj543
    I have the house insured I paid it myself.

    My aunt hasn't told the bank anything. I went to the bank for advice regarding it just general and they basically said you have to sell the house.

    However when I proposed that to her her attitude was if your paying them they can't force you to sell it.

    It's a head melt that is going to come to an explosive end.
    • Yorkshireman99
    • By Yorkshireman99 18th Jul 17, 11:55 PM
    • 3,280 Posts
    • 2,634 Thanks
    Yorkshireman99
    I have the house insured I paid it myself.

    My aunt hasn't told the bank anything. I went to the bank for advice regarding it just general and they basically said you have to sell the house.

    However when I proposed that to her her attitude was if your paying them they can't force you to sell it.

    It's a head melt that is going to come to an explosive end.
    Originally posted by cclem345
    I wonder how you insured the house? To do so you need an insurance interest. Your aunt is just being impossibly stupid. I can only repeat my advice. Also on no account make any more payments.
    Last edited by Yorkshireman99; 19-07-2017 at 2:51 AM.
    • frannyj543
    • By frannyj543 18th Jul 17, 11:59 PM
    • 91 Posts
    • 40 Thanks
    frannyj543
    We put unnocupied house insurance on the house. Wasn't a problem. They seem to deal with situations like that frequently.

    Yes it seems they are. I won't be making anymore payments and I am seeking further advice from another solicitor as I believe the current one is telling me what my aunt wants me to believe.
    • Jenniefour
    • By Jenniefour 19th Jul 17, 12:08 AM
    • 1,211 Posts
    • 1,234 Thanks
    Jenniefour
    OP, I think you need to be much, much clearer and more assertive with your aunt here. No offence intended, but less !!!!!footing about here, it's your money that's at risk. As executor your aunt has a duty to distribute your mothers estate as per your mothers instructions in the will, after making sure she has paid off any debts and funeral expenses. In this case, it clearly means selling the property and handing over the proceeds to yourself. She is running the risk of significantly reducing your inheritance, albeit probably unintentionally, and it has already cost you two entirely unnecessary mortgage payments. You aunt is not allowed to rent out the house. What she wants re your mothers home is not relevant, it is not her house and she is not the beneficiary. But she is letting her personal views and feelings get in the way of meeting her legal obligations as executor.

    At the very least I would certainly be doing what Yorkshireman has suggested, write to her. Spell out what she needs to do, and let her know this is what you expect. Google "duties of executors UK" to help you with some clear wording if needed. Yes, it might disrupt your relationship with your aunt for a while but she cannot keep putting up these obstacles which stop you getting what your mother has left to you in her will. You need to put the brakes on this before she has any tenancy agreements signed/tenants move in and this gets into seriously muddy waters. Another option to consider is getting on a plane pronto and going with your aunt into a probate solicitors office (who has no previous involvement) so her duties can be explained properly to her by a qualified third party. Only you know which is more likely to work, but you do need to act to protect your legitimate interests.
    Last edited by Jenniefour; 19-07-2017 at 12:12 AM.
    • frannyj543
    • By frannyj543 19th Jul 17, 12:16 AM
    • 91 Posts
    • 40 Thanks
    frannyj543
    Thanks for your post. I am going to write to the solicitor tomorrow.

    See what's going on. To be fair it's doing my head in.

    I did say to my aunt if there's a way I can keep the house legally and rent it out I would do so. However we have exhausted all avenues.

    It's a shame it's going to come to this. What I don't understand is why the solicitor is rolling with it and not saying that what she intends isn't possible.

    I want clarity as I believe the house is going to be rented in a matter of weeks.
    • Jenniefour
    • By Jenniefour 19th Jul 17, 12:22 AM
    • 1,211 Posts
    • 1,234 Thanks
    Jenniefour
    We put unnocupied house insurance on the house. Wasn't a problem. They seem to deal with situations like that frequently.

    Yes it seems they are. I won't be making anymore payments and I am seeking further advice from another solicitor as I believe the current one is telling me what my aunt wants me to believe.
    Originally posted by cclem345
    Good - no more mortgage payments.

    Has your solicitor seen a copy of the will? You could get them to write on your behalf. Another option.
    • frannyj543
    • By frannyj543 19th Jul 17, 12:43 AM
    • 91 Posts
    • 40 Thanks
    frannyj543
    My solicitor seems to be just rolling with what my aunt says.

    I have sent am email to my solicitor. I dont know if she will respond with answers as again I am a benficary and not an executor.

    It's not even the payments bothering me it's the status of the house. If it can't go into my name then I dont want it sitting in some state under the executors name.

    I will see what I hear back tomorrow and let yous know. Thanks for the advice
    • Jenniefour
    • By Jenniefour 19th Jul 17, 12:46 AM
    • 1,211 Posts
    • 1,234 Thanks
    Jenniefour
    Thanks for your post. I am going to write to the solicitor tomorrow.

    See what's going on. To be fair it's doing my head in. Yes, I can imagine, this all sounds immensely stressful to me - not what you really want when you have recently lost your Mum.

    I did say to my aunt if there's a way I can keep the house legally and rent it out I would do so. However we have exhausted all avenues. That's clear - you've done your very best and the way forwards now is clear. And it was probably important to try - nothing wrong with that.

    It's a shame it's going to come to this. What I don't understand is why the solicitor is rolling with it and not saying that what she intends isn't possible. Not all members of the legal profession are on top of the game, although most are, and it does to some extent depend on whether your aunt is being advised by someone who specialises in probate.There are circumstances where renting would have been possible e.g no mortgage - in this case it would require the consent of the mortgage lender and I think you've said, in effect, in a previous post you've already asked and they advised that the property needed to be sold.
    I want clarity as I believe the house is going to be rented in a matter of weeks. Good idea. Some certainty will reduce your stress and then you can get on with your life.
    Originally posted by cclem345
    Good luck, OP. Hope it's all plain sailing going forwards.
    • Yorkshireman99
    • By Yorkshireman99 19th Jul 17, 3:19 AM
    • 3,280 Posts
    • 2,634 Thanks
    Yorkshireman99
    The name on the Land Registry makes no difference. That will only get changed when the house is sold. Concentrate on the core issue which getting your aunt to start acting responsibly. If she does rent it out she will need to comply with all the landlord and tenant legislation. Different insurance willl be required. She will personally liable for any losses to the estate. She should also refund you the money you have paid. You really have to play hardball with her. Sorry to be blunt but you need to get a firm grip of the situation.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

371Posts Today

4,787Users online

Martin's Twitter
  • I believe I can boldly go where no twitter poll has gone before https://t.co/HA0jC92gAK

  • OK I'm wilting to public pressure and there will be a star trek captain's poll at some point next week

  • I can get that. My order is 1. Picard 2. Janeway 3. Kirk. Too early to say where Lorca will end up (or would you? https://t.co/kawtCOe9RA

  • Follow Martin