mum may have to sell her house?

ruggedtoast

Emmzi wrote: »

There is no conveyancing involved in raising a charge.

It's simply lender two gets agreement from lender one, and asset owner signs a document (which may be forged or not._ Depends on dubiousness of solicitor/lender.

Also the word is Lien, not Lean.

You've no idea what the son may have been up to, neither do I. Hence, as a director of the comapny, mum needs copies of the accounts and other financial paperwork.

This.

The OP's post doesnt contain enough information to tell us what happened.

The mother signed some things but she doesn't know what they were . The brother has forged some things, precisely what they were is unknown.

A solicitor has been consulted, who presumably knows a lot more about this, who has told her she is liable for the debts and will have to try and come to an arrangement with the creditors and may then still lose her house.

I would say that is the likely answer to the question OP.

In terms of advice the only advice I would hazard for you is to get hold of your brother and tell him in no uncertain terms to be a man and try and sort this out.

He sounds like a sleazy conman who frankly doesnt give a toss about his family, if it were my brother I know what I would do and it wouldnt involve a nice chat and a cup of tea.

dancingfairy

Hi.
Firstly I would get your mum to get hold of her credit record from the 3 agencies and check what's on there and check there's nothing dodgy on there already.
Secondly get a CIFAS fraud prevention password on there so your brother can't do more damage.
Thirdly get hold of the company documents she is entitled to and then get her name off the accounts so she can't be liable for any future problems.
Fourthly she needs to go to the police.
Best of Luck
df

ILW

Why are the family just letting him get away with this?

Darlyd

Perhaps your brother forged your mum's signature for her to become garentour(sp)for the car . Do him for fraud.

chewmylegoff

soph22 wrote: »

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

they do not need to explain in the leasing contract that if you do not pay it, they may ask a court to put a charging order on your house.

if you owe someone money, and you don't pay, they can take you to county court and if they can prove you owe them the money and you haven't paid, the court may find against you and issue a CCJ against you requiring you to pay.

if you still don't pay, and you own a property, the creditor can take you to court again and show them the CCJ, prove you still haven't paid and the debt still exists, and then ask the court to issue a charging order which puts a charge on your house (the court won't necessary do this, but it is a route open to them).

the paperwork for an individual contract that you enter into doesn't need to explain this - it is just how the law works in this country.

it seems clear to me from your original post that there is not yet a charge on the property, but the creditor is threatening (perhaps in simplistic terms which don't explain the need to go through the full process) to get one if the debt is not paid.

dancingfairy

As an extra to this - it does not force your mum to sell her house either. Generally it sits there until such time as your mum decides she wants to sell up. I believe the possibility does technically exist in law for a sale to be forced but I have never ever heard of this and there must be thousands and thousands of people with charging orders - if not 10's of thousands.
That's not to say that she should not contest this and try and sort out this mess though.
df

soph22

update - there was definately no solicitor present.

thank you for all your comments i will have to study them further!! its alot to take in!

Flyboy152

soph22 wrote: »

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

This is getting beyond the bizarre.

Flyboy152

darlyd wrote: »

Perhaps your brother forged your mum's signature for her to become garentour(sp)for the car . Do him for fraud.

And presented whose identification to proof he was his mother?

BitterAndTwisted

I suspect that the third-party present at the signature of that guarantee was the car-salesman, not a solicitor