Guarantor on dads mortgage- dad died...family contesting- help!

goldrush1984

Hi I need some advice!

Around 7 years ago my dad bought his council house, because of his age he needed a guarantor on the mortgage and due to my financial situation and stability he asked me to act as the guarantor with the understanding that the house would then become mine in his will.
Unfortunatly my father died a year ago and ever since it's been a battle to go for probate. My brother who is joint executor in going for probate is now contesting the will saying that excess amounts of money has been taken out of his bank account- for a start my sister had control of the bank card as I live a good distance away.
we are now taking legal action and it seems to be going anywhere! I suspect he wants me to go to court as I will have to pay the costs. I believe I have a strong case even though I have been accused of theft- which I have not done!
The mortgage company have now said they will take legal action in reposessing the house due to the long timescale. As I am guarantor on the mortgage my credit rating will be severly affected.
Any suggestions on what I should do- we're getting desperate!
thanks

CLAPTON

go see a solicitor

McKneff

did your father not have insurance to pay off the mortgage in the event of his death.

Did he actually leave a will. I dont see how he could leave you a house that had not been paid for.

Like Clapton says, go and se a solicitor. Theyre far more informed than anyone here on this forum.

McKneff

Thats a bit strange, you couldnt have the life insurance on your fathers death surely, or was the mortgage in your name. If so, strange again as only tenants are allowed to buy council houses.

So is the mortgage paid off.

If you have not had any financial outlay for this house that your father owned abeit with a mortgage i can understand your siblings kicking up a stink to be honest

Looks like everyone could end up with absolutely zilch the way things are going.

opinions4u

The outcome you need to get here is everybody's agreement without needing to involve solicitors.

If that isn't going to happen, you NEED a solicitor. It's messy, it's expensive and it's what your Dad wouldn't want.

Good luck.

neverdespairgirl

McKneff wrote: »

Thats a bit strange, you couldnt have the life insurance on your fathers death surely, or was the mortgage in your name. If so, strange again as only tenants are allowed to buy council houses.

You can insure someone else's life if you have an "insurable interest" in it.

Hawkeye4aneye

McKneff wrote: »

Thats a bit strange, you couldnt have the life insurance on your fathers death surely, or was the mortgage in your name. If so, strange again as only tenants are allowed to buy council houses.

So is the mortgage paid off.

If you have not had any financial outlay for this house that your father owned abeit with a mortgage i can understand your siblings kicking up a stink to be honest

Looks like everyone could end up with absolutely zilch the way things are going.

The father would probably not able to get Life cover due to his age and the Insurance on the OP would only pay out on his death. The property has to go into the name of the previous tenant to get the discount from the Council and has to remain in that persons name (i.e. the father's) for a certain period, which varies from council to council.


The Mortgage Company obviously will take action to make sure that they do not lose out so the delays over Probate would make them nervous. As you were guarantor they would look to you to pay the mortgage payments that your father was not able to because you are "guarantor" so as you did not they can take action. Can you not make any payments to forestall the repossession.
Probate should be applied for straight away and then consider the legal action afterwards. Does the Will actually leave you the property? What is the resale value of the property and the likely mortgage +costs involved.

Trollfever

opinions4u wrote: »

The outcome you need to get here is everybody's agreement without needing to involve solicitors.

If that isn't going to happen, you NEED a solicitor. It's messy, it's expensive and it's what your Dad wouldn't want.

Good luck.

What is ADR?
ADR is alternative dispute resolution - a range of options for resolving disputes without going to court. ADR includes mediation, adjudication, arbitration, conciliation and ombudsman schemes.

http://www.adrnow.org.uk/