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Mortgage lent by family member - advice

I am enquiring on behalf of my Mother In Law (MIL).

Over 20 years ago my FIL & MIL purchased a house for his Mother to live in with her Husband. A lump sum of money was lent on a mortgage by the Mother to her Son at 0% interest to help purchase there home, the remaining amount was found by her Son on a personal Mortgage.

My FIL passed away 4 years ago leaving the property solely to my MIL. The MIL's MIL is now in a nursing home and will not be returning to the property, her Husband died just before Christmas.

Obviously the Council are wanting funds to be made available for her Nursing home fees etc and her Son In Law(SIL) is in talks with the Court of Protection to take over as Receiver for her affairs/money.

Meanwhile it has been mentioned by the SIL that his Solicitors will be seeking repayment of the Mortgage ASAP. I will read the Mortgage paperwork later this week to see exactly what the clauses say, but generally speaking how would they go about requesting this repayment and what sort of terms would normally apply?

For example my MIL does not have the money to pay the Mortgage off, it was always planned to sell the house and pay the Mortgage with some of the proceeds.

Any advice gratefully received.

Comments

  • sorry to confusing with all this MIL FIL SIL

    can you possibly use names and mention in brackets the relationship to you and your MIL please
  • cattie
    cattie Posts: 8,844 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Yes I agree, the post is confusing & you haven't made it clear who loaned the money to who to buy the house. You don't have to use real names to identify different individuals, but it would make it easier if you could differentiate the people somehow that will help to establish the relationship.
    The bigger the bargain, the better I feel.

    I should mention that there's only one of me, don't confuse me with others of the same name.
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