Can my house purchase be 'undone'?

Mojisola

It could be worth talking to Nan's bank and asking if the joint account could be changed to an account in Nan's name with your mother having the power to sign cheques and otherwise manage the account but having no ownership of the money in it. If so, the money could then be paid in.

I was added to my Dad's account as a signatory so that I could help him manage things but I don't know if they will change a joint account to one of this type.

bouicca21

Whether it takes weeks or not is not the issue.

You MUST take steps to establish whether your nan was or was not mentally competent when the house was sold. If she was not then the transaction is probably fraudulent and could be overturned. Evidence of capacity should be forthcoming from nan's doctor and solicitor. If they are happy the you probably have nothing to worry about.

It sounds to me as though she was not competent. If that proves to be the case then you need to negotiate with your uncle. And yes the price might be higher, but if you can come up with evidence that the extra costs will eat away at any increase you will be in a better negotiating position.

You will need to enter into these discussions because in parallel you or someone else, presumably your mother, again absolutely MUST apply to the court of protection and your uncle will be able to object.

Remember there is nearly a quarter of a million pounds at stake here, plus any income from pensions, you and your family as well as the court of protection need to be absolutely sure that any action is in nan's best interests.

And yes you may lose out financially, but frankly that is the cost of stupidity.

DaftyDuck

This is a matter for a solicitor. Without question. The transaction over the house without Power of Attorney would concern me. The money being paid into a joint account is beyond fishy. You could, indeed, be liable for some very hefty bills in years to come.

I can certainly see where some of the uncle's concerns might be coming from, whatever his motive.

I recently went through this process with my elderly ma. I did it all "by the book", carefully and slowly. There were still legal difficulties to be faced eighteen months after her eventual death.

Solicitor. With haste.

aldershot

Oh dear. Families, elderly relatives, dementia, uncles abroad, disputed valuations, joint accounts, "keeping it in the family" etc. This tale has it all.

You are young and by the sound of it very inexperienced in serious financial and legal matters (as you would be). I think how it would be if my own daughter was in this mess and that makes me very concerned for you.

You must seek legal advice from a local solicitor who you can talk to face to face, not just a cheap website firm. As has been pointed out, there are lots of competing issues here, not least the welfare of your grandmother. You have to spend some money on professionals who can help you sort this out. It will be worth their fees for the future peace of mind.

Don't rely on websites (including this one!). Get proper help.

tyllwyd

I agree with the other comments - you and your mum need to get legal advice.

You could read this, which is the judgment in a case which is similar in some ways to yours. It might help to give you an idea of some of the problems of the situation.

http://www.bailii.org/ew/cases/EWHC/COP/2014/483.html


I'm really surprised by the suggestion that a house sale for over £200K was paid for by 'a cheque' which has not been paid into a bank account. I would have thought that if mortgage companies and solicitors have been involved, they would have asked for the money to be transferred electronically, to avoid any suggestion of money laundering etc. Is that really what has happened, or perhaps the money has gone into a bank account and that person is saying that they will write a cheque to your gran later?

cloo

Get legal advice, see if there's any chance perhaps of going to mediation with an impartial third party, you/your mum and your uncle so there might be a less oppositional resolution, perhaps?

john_white

tyllwyd wrote: »

I agree with the other comments - you and your mum need to get legal advice.

You could read this, which is the judgment in a case which is similar in some ways to yours. It might help to give you an idea of some of the problems of the situation.

http://www.bailii.org/ew/cases/EWHC/COP/2014/483.html


I'm really surprised by the suggestion that a house sale for over £200K was paid for by 'a cheque' which has not been paid into a bank account. I would have thought that if mortgage companies and solicitors have been involved, they would have asked for the money to be transferred electronically, to avoid any suggestion of money laundering etc. Is that really what has happened, or perhaps the money has gone into a bank account and that person is saying that they will write a cheque to your gran later?

Cheque is fine. Remember this is the vendor receiving the proceeds from the solicitor. All the transactions from loan provider will have been electronic, the final balance sits with the vendor solicitor and the vendor advises how they want the funds.

tyllwyd

john_white wrote: »

Cheque is fine. Remember this is the vendor receiving the proceeds from the solicitor. All the transactions from loan provider will have been electronic, the final balance sits with the vendor solicitor and the vendor advises how they want the funds.

Yes but this is £200K not £200 - it seems really odd that someone would be wandering around with a cheque for that amount without paying it into an account - it makes me think that possibly this is an oversimplification of what has happened.

daKlone

Steph1962,

I'm really sorry to hear about your situation, but I think perhaps pure legal clarity is needed here.

You and your mother have somehow ended up in a potentially very serious legal situation, which isn't going to go away.

Please don't do anything more until you have presented the facts of what has happened up to this point honestly to a solicitor and asked how to proceed. Don't rely on the Internet, go and see a professional local to you, in person. You need to do this immediately.