Can someone make me sell my house?

BitterAndTwisted

I dunno, you seem to know more about all this than I. Someone who is desperate to get their hands on money because they are being pursued by their creditors often find legal professionals to write all sorts of letters on their behalf. Even when they know their client doesn't stand a cat in hell's chance of getting what they want. Perhaps said professional can sense some fat fees coming their way.

Emmzi

People backed into a corner behave in very odd ways.

OP, would she be amenable to being taken to see one of the debt charities for other options?

dancingfairy

You need to clarify whether it's a deed of trust (ie she's put a restriction on the house herself) or whether she's entered into a trust deed with her creditors - 2 different things as far as I can tell.
Surely you can get hold of the original paperwork (or a copy) and post the relevant part(s) on here and someone can advise you further?
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JimmyTheWig

Have you / your son spoken to her?
If it were me, I'd be wanting to know what she was up to.

loubel

flogget06 wrote: »

I believe the answer lies in the trust deed., but I dont really understand it and her solicitor will try and find a loop hole or something to have us on.

If you don't understand it then it's important that you take legal advice on this document as your MIL clearly has. Could you make an appointment to see the solicito who drafted it for you?

sonastin

From my reading of the posts, the 3 of them shared ownership. Then when it was time to remortgage and MIL's credit was shot she couldn't be on a new mortgage so they had to remove her name from the deeds in order to get a mortgage in 2 names & the deed of trust was drawn up to protect her interest in the property now she was no longer registered owner. I didn't read anything to suggest that the deed was with her creditors?

xylophone

sonastin wrote: »

From my reading of the posts, the 3 of them shared ownership. Then when it was time to remortgage and MIL's credit was shot she couldn't be on a new mortgage so they had to remove her name from the deeds in order to get a mortgage in 2 names & the deed of trust was drawn up to protect her interest in the property now she was no longer registered owner. I didn't read anything to suggest that the deed was with her creditors?

Then assuming that there is no legal charge which gives Mother the right to force a sale, she simply has to wait until the owners of the house choose to sell it?

As to the restriction at the Land Registry, it might, I suppose contain some sort of clause requiring her to give consent to the sale but otherwise simply requires that she be informed before any sale can proceed?
It would seem that none of us can make any further useful comments until the questions in no 39 are answered?

BitterAndTwisted

True. I doubt anyone can advise until the OP and partner have someone reads this deed and explains to them what it says and what the ramifications are. It would be money I'd spend in a heartbeat. The OP has explained that they are currently out of work, so there may not be any available funds to secure advice. In this instance it would be worth it to me to consider putting the fee on a credit-card.

GDB2222

It all seems pretty clear to me. The property is held by the OP and her partner as trustees on behalf of all 3 of them. The terms of the trust are contained in the trust deed. Without knowing what is in that, it is idle speculation as to whether the mother has a good case or not. As the OP cannot understand the deed, she needs to get legal advice. If she cannot afford to pay for that, perhaps she can get help at the citizens advice bureau.

Alternatively, the OP needs to type the trust deed out in full on the forum (without names and addresses of course) and then it is just possible that the people here can assist.

flogget06

Thanks you all again for your help. The CAB said they can not help in anyway. The free legal advice people again said they couldn't help. I have rang 4 solicitors because my mum said she would help with some of the costs and 3 said straight away they didn't want the case as it was not totally in their field and 1 i am still waiting for a call. I will put the trust deed on here for you all to look at.
But i just want people to know first this was given to us from MIL she told us it was just to protect her money as she was going to be off the deeds which is absolutely fine and that was it, trusting her totally and knowing if we didn't sign she would not take her name off the deeds resulting in paying lots more because we couldnt change mortgages we signed.