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Advice on eviction

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  • poppysarah
    poppysarah Posts: 11,522 Forumite
    DaftyDuck wrote: »
    However, at the moment, if you were able to step back from the immediate financial difficulty you are in, you should realise that overall this is currently still more to your advantage than disadvantage.


    The problem being that the immediate financial difficulty faced is going to make it all end in tears.

    Moving in with them and making it 8 moves in a year is probably the most sensible financial circumstance and then prevents any issues over what the mortgage company.

    Whilst this doesn't feel like an option bacause of all the nastyness and bad feeling it probably is the better one if the other option is just stopping paying the mortgage.

    The OP did a huge thing for her parents and has messed up. Finding an amicable solution is going to be nearly impossible.
  • Rocky99
    Rocky99 Posts: 51 Forumite
    You make it sound like we went on a shopping spree?!?
    Your not even close, again as I mentioned before I have spent my life being taken advantage of by them, I was put on this planet for their benefit, for a small example the passing of my driving test meant a free taxi whenever and wherever they wanted at anytime of night. This happened all of the time 2am pick ups on a college night???
    They did not see this transaction as gifting me anything, all they knew was the mortgage company would not entertain the idea of this mortgage without them apparently 'gifting' it. They knew they would nt get there £100000 without the gift. I'm positive if we were able to release more they would have had the lot at our expense. I ve spent my life being trained by them to please them. This was the ultimate pleaser (if that's a word).
    It's only now I can see them for what they are...

    How can you not see what they've done is all for self gain at the sacrifice of my young family and exploiting my naivety? Curious Somerset and this negotiator, do you have children and if you do and considering you seem to sympathise with my parents against their big bad daughter, would you do this to your kids????
    It's opening my eyes to how many other people there are with the same mindset as them....
  • RAS
    RAS Posts: 35,668 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 17 January 2014 at 12:16PM
    Hi

    Please can we concentrate on the facts not on opinion.

    Having read some of the other threads, I understand that there are three houses

    1. Rented by yourselves for "larger" family.
    2. Owned by yourselves, too "small" rented out, in negative equity and not earning enough to cover the mortgage?
    3. Ex-parent's house owned by yourselves, mortgaged jointly with OH. No income at all to cover £700 mortgage? Gift granted to cover deposit and lifetime rent granted later.

    Can you confirm or edit to correct, please.
    If you've have not made a mistake, you've made nothing
  • Rocky99
    Rocky99 Posts: 51 Forumite
    Just answering a few questions

    The 'pension' idea was something I said to my husband about six months ago in between moving etc. he has been amazing but obviously hates this situation as much as I do. At that point I was trying to keep this agreement going so suggested that we view it as a pension instead of paying for my parents accommodation who have made our lives hell emotionally. Nothing more than trying to make a negative situation positive.

    Again I cannot stress enough this transaction was to release the money to clear my fathers debts so he didn't top himself. If we could secure our own house then perfect but this didn't happen so we just paid and carried on.

    They have told me they get £1200 per month and I know he has a secret pension the council are unaware of in an old account somewhere. They have the CT paid for too.

    These people altered my Nan's will so they got more that the other sibling, sound like nice people still?????
  • DRP
    DRP Posts: 4,287 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Rocky99 wrote: »
    You make it sound like we went on a shopping spree?!?
    Your not even close, again as I mentioned before I have spent my life being taken advantage of by them, I was put on this planet for their benefit, for a small example the passing of my driving test meant a free taxi whenever and wherever they wanted at anytime of night. This happened all of the time 2am pick ups on a college night???
    They did not see this transaction as gifting me anything, all they knew was the mortgage company would not entertain the idea of this mortgage without them apparently 'gifting' it. They knew they would nt get there £100000 without the gift. I'm positive if we were able to release more they would have had the lot at our expense. I ve spent my life being trained by them to please them. This was the ultimate pleaser (if that's a word).
    It's only now I can see them for what they are...

    How can you not see what they've done is all for self gain at the sacrifice of my young family and exploiting my naivety? Curious Somerset and this negotiator, do you have children and if you do and considering you seem to sympathise with my parents against their big bad daughter, would you do this to your kids????
    It's opening my eyes to how many other people there are with the same mindset as them....

    i don't think 'sympathy' has anything to do with this - you are asking how to sort out your situation and (most) people are posting replies on that basis.

    None of us knows the whole story so this thread can only work with the numbers you have given. Some contributors have laid out your options very clearly. IMO the best option is to move in with them. This deal could still work out very much as it was on the outset: favourable to you and your family.
  • Rocky99
    Rocky99 Posts: 51 Forumite
    Hi ras yes that's correct the £700 was roughly it's £736 to be pr!cis
  • Rocky99 wrote: »
    You make it sound like we went on a shopping spree?!?
    Your not even close, again as I mentioned before I have spent my life being taken advantage of by them, I was put on this planet for their benefit, for a small example the passing of my driving test meant a free taxi whenever and wherever they wanted at anytime of night. This happened all of the time 2am pick ups on a college night???
    They did not see this transaction as gifting me anything, all they knew was the mortgage company would not entertain the idea of this mortgage without them apparently 'gifting' it. They knew they would nt get there £100000 without the gift. I'm positive if we were able to release more they would have had the lot at our expense. I ve spent my life being trained by them to please them. This was the ultimate pleaser (if that's a word).
    It's only now I can see them for what they are...

    How can you not see what they've done is all for self gain at the sacrifice of my young family and exploiting my naivety? Curious Somerset and this negotiator, do you have children and if you do and considering you seem to sympathise with my parents against their big bad daughter, would you do this to your kids????
    It's opening my eyes to how many other people there are with the same mindset as them....

    Once again, you are turning a business transaction into a personal issue. That you agreed to give them lifts once you passed your driving test is irrelevant to this issue. Whether I think their behaviour is acceptable is unimportant.

    I don't know what you did with the £50,000 cash. It's also not important.

    I probably share more of a mindset with your parents than I do with you. The facts are:
    • They sold their house to their daughter for £100,000 despite a valuation of £250,000.
    • As part of the sale they get to live in the house for life, rent free.
    • You get a cash lump sum from the purchase of £50,000.
    • After five years you no longer like the above because you can't afford the debt you have taken on for the deal.
    • You want to cancel the above agreement without appropriately compensating your parents for not completing the contract.
    Whether the above is fair or not is not particularly relevant - you at the time took a £150,000 gift in effect (enough to cover 15+ years of the mortgage before you are losing) and now want to escape the deal for a significantly lower sum. I wouldn't have taken the deal - your parents could live into their 90s and you would lose out - but you knew this risk at the time of the purchase. You need a good lawyer to deal with the above and hope that some part of property law trumps contract law in this instance.
  • RAS
    RAS Posts: 35,668 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Rocky99 wrote: »
    Hi ras yes that's correct the £700 was roughly it's £736 to be pr!cis

    And did you have your own lawyer for the purchase of your parent's house, separate from them?
    If you've have not made a mistake, you've made nothing
  • Rocky99
    Rocky99 Posts: 51 Forumite
    DRP - you are probably right but three bedrooms, 4 adults, and 3 kids, my children have been through hell this last year, my daughter was so stressed her hair was falling out. I can't put them into a hostile environment where there granparents couldn't careless about them!
  • Rocky99
    Rocky99 Posts: 51 Forumite
    RAS- just the usual conveyancing lawyer, we only met him on the day of completion
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