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Scottish Trust Deed - URGENT Help Please!!!

Hi its a bit of a long story, please stick with me!

My trust deed is due to finish in February - after 3 long years!!

Anyway, at the start our house was valued for £170k, our mortgage was £153k with a 10% (yes 10% - bad accountant advice!!) so we owed £168k, we informed the trustee that my mother in law would pay the £2k equity to release their interst in our house.

Well this has never been mentioned, we assumed it was to be paid before February 2010, however 4 weeks ago a letter arrives saying we had not paid the £2k therefore we owe £153 mortgage (no mention of the redemption fee, which is £8k today) and they want £17k immediately so we are to seel the house, get someone to buy the interest or remortagage!

Well I have emailed them 4 times, called 3 times to speak to our trustee, we have only managed to get one of their administrators who promise to email that very day with confirmation that we need only pay the original £2k - nothing has been received from them - I am at my wits end!! They are claiming they wrote ot my mother in law in 2007 to ask her to put her agreement in writing - she has never received this letter!!

The terms and conditions basically say if no third party is identified at the start of the TD then the house willl be valued later on and any equity should be paid at a later date!

So my questions are: Are they allowed to move the goalposts like this, with no mention at all of the £2k or details of where its to be paid to or a mention of the letter (if it was sent) to my mother in law
Also, if they revalue the house TODAY when we owe £161k, its only worth about £155 with the recession - so what would happen then?

Is it me or is this totally unreasonable? :confused:

Please any help on this would be appreciated - I have been ILL since their letter arrived 4 weeks ago!

Thanks

Comments

  • tigerfeet2006
    tigerfeet2006 Posts: 14,030 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Send coolcait a PM and ask her to look at this thread for you. She may be able to point you in the right direction.
    BSCno.87
    The only stupid question is an unasked one
    Loving life as a Kernow Hippy
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