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Help please

2

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  • RAS
    RAS Posts: 35,817 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Who owned it when your nan lived there?
    If you've have not made a mistake, you've made nothing
  • pmlindyloo
    pmlindyloo Posts: 13,095 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    steven--1 wrote: »
    No first it was my nan's when we lived there, then when she passed away we had to buy it so my dad could not get a mortage so i had to get one in 2010.
    I cant see telling my dad to move out being a good idea the whole family will probably hate me.
    I feel trapped and i dont really want to rent as i would like a place i can call my own.

    Even more complicated :)

    When your nan died who was the house left to? Why did you have to buy it? Was there a mortgage still on it and you (you and your dad) wanted to stay there?
  • steven--1_2
    steven--1_2 Posts: 28 Forumite
    It was originaly a council house, then my nan bought it i cant remember the year but it was abit ago. Then i had to get a mortage because my family said we would have nowhere to live if i didnt get one.
    Would me and my partner be able to get a second mortage? And i could maybe change this mortage to a buy to let?
    I just want out and my own home
    Thanks
  • pmlindyloo
    pmlindyloo Posts: 13,095 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    steven--1 wrote: »
    It was originaly a council house, then my nan bought it i cant remember the year but it was abit ago. Then i had to get a mortage because my family said we would have nowhere to live if i didnt get one.
    Would me and my partner be able to get a second mortage? And i could maybe change this mortage to a buy to let?
    I just want out and my own home
    Thanks


    OK, but who was the house left to?

    If it was left to your dad then he will may some 'rights' to some of the assets if it was sold. Was this all sorted out when you bought the house?

    To answer your questions about changing the mortgage to a Buy to Let. Who will pay the mortgage?

    If your dad is on benefits then it is unlikely that he would be able to claim Housing Benefit as it would be seen as a contrived tenancy. Even if he was awarded Housing Benefit then he would only be entitled to the one bedroomed rate. Would this cover the mortgage?
  • RAS
    RAS Posts: 35,817 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OK

    This is a major mess. Can we start at the beginning.

    Were you and father living in the house when nan died?

    When you nan died did she have a will?

    If she did, who were the named beneficiaries? And who was the executor.

    If she did not have a will, who applied for probate?

    Was she married to anyone who was still alive?

    How many children did she have (and if any died count them in).

    How much was the house worth when she died?

    How much was the mortgage worth when she died?

    How much was the mortgage worth that you took out?

    What happened to the money that was released when the mortgage was taken out?
    If you've have not made a mistake, you've made nothing
  • RAS has asked a very logical set of questions and it would certainly be as well for you to be clear on the answers to them.

    As regards this family "who will hate you" - who exactly do you mean by that? (eg brothers, sisters, aunts and uncles, etc)?

    Do this "family" know what your father did to you (ie putting his bill in your name and causing you to have a CCJ you didn't deserve)?

    What would your girlfriend think if this issue didn't get resolved?

    Does your girlfriend know what your father did to you?
  • steven--1_2
    steven--1_2 Posts: 28 Forumite
    Right yes we was living in the house
    I think the house was left to my aunty so she was going to take over the mortage but the bank wouldnt let her.
    The house is worth about 99k
    The mortage left is 53k
    The money went and paid the old mortage off and the new one started
    As with regards to family its aunts, uncles cousins they all live just across the road and not to far away.
    My fiance wants our own place and she knows about the ccj
    The ccj is dated 2010
    She wants to rent just to get our own place but if we rented we wouldnt be able to save for a deposit for a mortage as all our income would go on rent and bills.
  • RAS
    RAS Posts: 35,817 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You need to know exactly what happened as this affects your rights and your father's rights.

    So you need to check exactly what the situation was.

    If the house was left to aunty, then probate would have been granted. Check exactly what happened by contacting your local Probate Registry http://www.justice.gov.uk/courts/probate/probate-registries

    steven--1 wrote: »

    I think the house was left to my aunty so she was going to take over the mortage but the bank wouldnt let her.

    So nan had a mortgage -any idea how much that was?

    The house is worth about 99k

    The mortage left is 53k

    The money went and paid the old mortage off and the new one started

    As with regards to family its aunts, uncles cousins they all live just across the road and not to far away.

    Are you the sole owner? Please check the deeds at the Land Registry http://www.landregistry.gov.uk/public/online-services

    In particular you need to check for any charges or covenants on the deeds.
    If you've have not made a mistake, you've made nothing
  • steven--1_2
    steven--1_2 Posts: 28 Forumite
    I will thank you
    As with regards to the ccj, would they remove this from my credit file? Being as i had no idea about it?
  • RAS
    RAS Posts: 35,817 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    HAve you rung NDL as suggested? They can advise you.
    If you've have not made a mistake, you've made nothing
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