HELP!! Too ill to sign transfer deed!!!

johnswife

This is a bit of a long story, sorry.

My inlaws are selling their house as MIL had a severe stroke and moved to a bungalow curtesy of the Housing Association. My husband was helping his dad with the paperwork etc but is in Korea at the moment on business, went Sunday.
Friday my MIL was admitted to hospital, very ill, couldn't swallow any food or water lots of other problems. They basically put on a drip, we found out yesterday that she had pneumonia.
No date had been agreed for the completion but then Tuesday the buyers solicitor faxed through to FIL solicitor a letter asking a few more questions regarding the house and that their client wanted to complete this Friday. My sister actually works in our solicitors and is doing all the conveyancing. She was cross, I was cross. I phoned the estate agents and explained the situation that MIL was very ill and I really did not want to bother FIL at this moment could the completion date be 12th March approx as my husband would be home by then.
This morning my sister called to say that the woman is threatening to pull out if we don't exchange this Friday. If it was up to me I would tell her where to go but it's not.
Today my FIL came by at tea time after going to the hospital, very upset. The doctors had spoke to him and even though she has improved she may not get better.
Now MIl has to try and sign or make her mark on the transfer deed but I don't know if she can even hold a pen. FIL is going tomorrow to see if she can.

Has anyone come across this problem before?? My sister has been doing this job for over 20 years and never had this problem so she is going to consult the solicitors tomorrow.
My FIL just doesn't need this hassle at the moment but also just wants the house off his hands.

clutton_2

I suggest you ask to talk to the hospital social worker, s/he will have come across this situation several times before, and can guide you in this difficult time. my thoughts are with you.

Doozergirl

I think you could try and get Power of Attorney for FIL to sign for her. It'll take time though and I doubt exchange would happen in Friday.

Someone needs to give their buyer a wake up call actually how selfish an you get? Has anyone actually tried explaining how dire the situation is for your family? I lost my mum four years ago today and I can't imagine how I would have felt with that silly kind of pressure being put on me around that time. It was bad enough when they towed my car away from an otherwise empty street by the hospital at 6am.

If I'm completely honest, I'd either tell them to shove it where the sun doesn't shine or if I knew that selling was for the benefit of my family and that she would agree in better health, I'd have forged her signature. I'm not suggesting it or condoning it, in fact nothing of the sort.

clutton_2

doozergirl, i have a funny feeling that the "party" has to agree to a power of attorney being set up on their behalf when the "party" is well enough to knowingly agree to it - this would appear to not be the case here.

A solicitor can also visit a hospital on instrutions - altho it will cost more than the family visiting the office.

many solicitors have free surgeries for free half hour consultations, or, maybe just phone up and be very distressed, and i bet a solicitor will talk to you initially to give some guidance.

Each hospital now has a PALS patient advocate liaision scheme (or some such meaning) - which may be able to help also.

Bossyboots

I have a relative in a nursing home who cannot sign anything. Any documents prepared for him have a sentence on the bottom stating that the document was read to him and that he made his mark on it of his own free will (or words to that effect) and is also witnessed. If you cannot add something to the bottom of the contract, then a simple statement saying who witnessed the "signature" may suffice.

RiskAdverse100

For the contract your FIL alone can sign on behalf of both.

For the transfer deed though each must sign and have their signatures witnessed.

There are fairly standard signature clauses to cover the position where one person cannot sign their name, but can make a mark - ie a cross, or cannot even sign at all.

It is possible for someone who cannot sign at all to arrange for someone else to sign for them at their direction. This cannot be your FIL though. Your solicitor is going to have to be involved as I really think they should be the witness so that they can make statements following completion if necessary confirming that your MIL gave clear instructions that she did want to have the transfer deed signed and that this was properly executed. The person who actually signs the transfer for her could be a family member.

I can't believer the buyer is being so unreasonable and I do hope that all this can be resolved amicably.

RiskAdverse100

Bossyboots

Awful though this sounds, I suspect the buyer may be worried that the MIL is going to die before exchange or completion and leave her having to wait even longer while the funeral and additional paperwork is sorted to enable FIL to complete the sale.

I would like to think I am wrong, but I don't have much faith in human nature.

silvercar

I suspect Bossyboots is right; saying that I don't think the situation is so straigt forward if someone dies between exchange and completion. It would depend on how the house is owned, if there is any possibility that the person who has passed away's share of the home forms part of their estate, the buyer may have to wait until probabe is granted. Best involve a solicitor.

johnswife

Very sad news, my MIL passed away this morning and as you can imagine all in shock.

Ironic though it sounds, it is easier now because all the solicitors want is the death certificate. Anyway thought I would just post this and thanks to everyone for their advice.

ceebeeby

((((Hugs)))) Big hugs to you, your hubs and your FIL x

Bossyboots

Very sorry to hear that news.

I am surprised the solicitors only want the death certificate. I was expecting more complications than that as indicated by silvercar (I was posting at work this morning so had to be quick and didn't explain enough). I am bit concerned that these conveyancing solicitors may not know enough about estate issues to deal with this properly. Even if the property is held as joint tenants, it is not pass free of encumbrances if MIL has debts to pay.