Will I lose the house???

hardworker2010

I recently got a mortgage through Halifax. My boyfriend who is in the property business facilitated the whole process and financed the whole deal deposit, solicitors fees, stamp duty etc. all I have done is sign the necessary paperwork from the solicitor inland revenue etc. at the time his contribution was not a loan and I have not signed anything legal pertaining to his financial input i.e paying it back etc. it was a gift and his goodwill; which i am grateful for. He has now terminated our relationship and wants the house - I have offered to pay the financial outlay that he incurred in acquiring the property but he has declined and said he won't let me keep the house and he will change it into his name. Can he do this legally as the house and mortgage is in my name solely. As far as the deposit and fees go (which I am prepared to pay him back) - will that entitle him to take the house from me against my will. I have not moved into the property - there are tenants in the property on a long lease.

Please advise where I stand legally in terms of being able to keep the house as it is in my name and if legally I have to pay him back for the expenses incurred acquiring the house.

Your input most appreciated

Senior_Paper_Monitor

Was any source of deposit / gifting letter produced and provided to lender ?

hardworker2010

I am not sure - I doubt it. He paid for everything directly from his account but there was nothing presented to me to the effect that it was a gift I.e letter etc.

laurel7172

It's in your sole name? And there's nothing to say any of the money he put in was a loan?

You should see a solicitor to check, but as far as I know he should consider himself fortunate if you're willing to pay him anything at all.

Senior_Paper_Monitor

This is sounding borderline fraudulent so far !

Do you have a copy of the application ?

amnblog

Get some legal advice - without delay!

He could have done anything that you are not currently aware of.

hardworker2010

I am seeing a solicitor on Tuesday, I did see the completed application and had to supply the usual stuff, proof of employment, bank statements etc. so it's all leggit although he had more contact with mortgage broker and solicitor - basically he acted as the middleman and financed it all. I am just worried about losing the house given how hard it is to get on property ladder now. So best thing is see solicitor? Any ideas what worse case scenario might be on my part - obviously the housing being transferred from my name to his is the last thing I want to see happen.

hardworker2010

Laurel - mortgage is in my sole name and nothing was presented to me as it being a loan; it was a goodwill gesture

fatbelly

Have you checked what is on the Land Registry records?

http://www.landregistry.gov.uk/public/property-ownership

Costs £3 for the title register

CLAPTON

check the land registry entry to see exactly what it says ... your name should be the sole owner with the lender having a charge on the property
(you can do this online for a small fee)

did the mortgage lender know the house is rented out?

are you paying the mortgage?

are you receiving the rent?

how much did he 'give' you

did you have your own solicitor?

Senior_Paper_Monitor

Seeing the application (and I suspect not recalling all of the finer detail - which you would probably not have understood) does not make it legit - particularly on his side BUT ...

... you may have unwittingly not declared the source of funds (and if you had there would be a declaration (see below) along the following lines included with the application, which would strengthen your case immeasurably).

The declaration in such circumstances is an absolute requirement of Halifax, but if it the gift was not declared as such (and therefore the gift letter not provided) this was a clearly fraudulent application.

I quote you the body of a declaration (subsequently signed by the gifter and provided to Halifax) I recently provided and processed for clients with Halifax .....

I write to confirm that Ms X's deposit for the above purchase is being funded by the sale of my property - XYZ property

The funds raised from my equity in this property are being provided to Ms X as an unfettered gift and there is no requirement for Ms X to repay any amount, nor provide any facility, with respect to this gift.


While it is my and Ms X's intention that I will continue to live with her at the new property, I am aware that I am not acquiring a share of ownership in that property and that the gift of my equity in the previous property neither provides nor infers any rights on or claims to the new property.


I am aware that I may be required to execute further waivers with respect to the new property at the request of Halifax plc and/or its legal representatives.

........................

The circumstances/source of funds are slightly different to yours but the wording of the undertaking is a standard requirement.

In summary, your boyfriend (ex) - and to some extent you as you signed the application - have either committed a fraudulent mortgage application or he has signed a document which waives all his claim.



.... and I CONCUR FULLY WITH THE SUGGESTION YOU TAKE IMMEDIATE LEGAL ADVICE