House ownershp dispute

BC11

Hi all looking for any advice on the following situation,

A family I know are currently in dispute over the ownership of the house they currently live in. The property was originally brought about 15 years ago in the brother’s name with the intent of signing it over to his father a year later. The father passed away before this occurred, and the family went on living in the house with the brother’s name on the deed.

By the way the brother has never lived in the property just his mum and sisters, the entire time they have lived there the mum has paid for the mortgage and has proof of this.

About two years ago the mother found out that the brother had re-mortgaged the property twice. Since then there has been a legal battle over the ownership, it still has not been settled in court as the brother has not turned up on several occasions and keeps changing solicitors.

There is a court appointment set in May, but today the family have found out that the house has now been put up to auction for the end of April.

Could this be possible that he can try and sell the house before the dispute has been resolved?

Is it possible that he may have defaulted on his mortgage and they have put the house up to auction? Could they carry on with this even with the dispute of ownership currently going on?

steve1980

I don't see any dispute on ownership of the house. The brother owns it, simple as that.

Unfortunately he is free to do whatever he wants with it.

roger196

The family have a solicitor acting for them, they should rely on him for advice. Remember legal disputes can get very, very costly.
Ask yourself whether you should be interfering in this family dispute?
However a few questions come to mind.
Is there any evidence of a trust between brother and father?
What were the terms of a such a trust if it exists.
Was the partial/ full ownership of the house mentioned in the father's will.
Why would brother want to give house to father? This is usually the other way round.
Who provided the deposit.
Did mother pay money direct to mortgagee.
Who paid for repairs
Were any other payments made to brother for property.
The family's solicitor should be notifying the auction house of the dispute, possibly have registered details with the land registry.
Check that dispute is mentioned in auction house legal pack.

DVardysShadow

BC11 wrote: »

There is a court appointment set in May, but today the family have found out that the house has now been put up to auction for the end of April.Could this be possible that he can try and sell the house before the dispute has been resolved?

Is it possible that he may have defaulted on his mortgage and they have put the house up to auction? Could they carry on with this even with the dispute of ownership currently going on?

Notify the auctioneers in writing that the ownership of the house is contested and there is a court hearing in May - giving proof of the hearing. This will have to be notified to purchasers, which in turn will probably cause the auctioneers to advise that the property be withdrawn from sale.

If he has defaulted, then the lenders will have to repossess before putting the property to auction - which will require court proceedings against the brother - and the lenders should be sending letters addressed to 'the Occupier' to advise of the repo proceedings. So they should know about it if it happens.

But if brother is paying the mortgage what possible claim could mother have on the property? - unless she is actually paying the initial mortgage and brother is paying the additional loans