mum may have to sell her house?

pinkshoes

As your brother has been such a scum bag, then perhaps your mum should contact the police, notify them that he's been forging her signature on other documents, and tell them that she was forced to sign the other two documents under threat... (albeit emotional blackmail, but as he's not playing by the rules, then perhaps she shouldn't either...).

Flyboy152

Or perhaps, sit down with him and have a frank discussion about his behaviour. I think that will have more results than going straight to the police.

tyllwyd

Its a bit of a long shot, but your mum could try talking to a solicitor to see if it would be possible to prove that she only signed the documents under undue influence (from your brother).

Flyboy152

Unless she can prove he was holding a gun to her head at the time, it won't make much of a difference.

tyllwyd

Well, I'm not saying it would work, but charges over houses have been put aside because they were entered into under undue influence - for example
http://www.mablaw.com/2010/06/undue-influence/
so it seems worth asking the question.

It doesn't have to be at gunpoint - a close relationship (such as parent/child) can cause it.

taxsaver

There are many case histories where guarantees have been set aside by the courts for reasons of undue influence and tbh I'm surprised that the solicitor she has spoken has not raised this as a possibility (unless he has and it simply has not been mentioned in this post).

It is due to the relatively high risk of undue influence being found to exist that banks will ALWAYS insist that guarantees are witnessed by a solicitor who then must confirm to the bank that the guarantor is fully aware of what he/she has signed.

soph22

thank you, there was someone else present i have asked my mum if it was a solicitor or not and am waiting for her to get back to me. if it was a solicitor i know for a fact she said he didnt explain it to her. from reading the contract i also cannot find it clear anywhere unless you understand legal terms, which im sure my mum dosnt, that they could put a charge on the house. she admitted there and then she didnt understand it but would sign in. im sure at this point it should have verbally been explained to her but wasnt

Flyboy152

I doubt very much solicitor would go to someones home and do conveyancing/complete a guarantee.

tyllwyd

If it was a solicitor, good practice would have been for them to ask to speak to your mum alone to avoid her son putting pressure on her.

soph22

if it was a solicitor then i wonder if they even knew it was her son as my mum re married and has a different surname now...hmmmm