Any advice about potential mortgage fraud. Please

charlottep_2

My Mother and Dad have had a mortgage together for around 20 years now. My Mum was in a bad accident three years ago and her memory has suffered since. Anyway they've recently separated and since ive returned home from a job abroad, discovered her name was taken off around 2 and half years ago. Long story short my Dad and his parents are insisting she signed the document. My Mums family and siblings who are always around her have no recollection and insist she'd never do such a thing.

It's a messed up situation I know, I'm taking her to my solicitor on Monday. But I'd like to be prepared. If she did sign the document (which she claimed she had no reason to) she was clearly in no fit state to do so do we have a leg to stand on ? Can they really take someone off with just one signature, no face to face or witness to the signature ? She's been paying house bills for the past three years also. Any advice where to start ? Thank you

exoteric

First off, you need to obtain a copy of the document which she apparently signed in order to see whether the signature is hers or not. She should be able to obtain this from the mortgage lender on request or, failing that, by making a Subject Access Request under the Data Protection Act. Hopefully the lender will have kept a copy, at least digitally if not hard-copy.

Once you have that, you should be able to compare her signature to see whether you are dealing with a forged signature (which is very serious and becomes a criminal matter) or whether it is indeed her signature which she doesn't remember having done because of her condition. If it's the former, you need to speak to your solicitor about what to do which may ultimately result in involving the authorities to investigate who forged your mother's signature and why.

If it's the latter, things would be a bit more complicated. If your mother is of sound mind but just happens to forget things, it may be that she made a rational decision to sign the document but forgot that she did so, in which case the agreement may be valid. However, if she has had periods where she is not of sound mind, it is arguable that when she signed the document she did not have the necessary "legal capacity" to enter into such an agreement. Either of these would be very difficult to prove and you would likely need medical evidence of her condition.

Hope that helps - it sounds like a very complicated situation either way. One of the brokers/mortgage advisers on the forum may be able to give more guidance on the necessary steps for taking someone off a mortgage. Hopefully it is not as simple as just signing a piece of paper, otherwise I imagine this would be happening a lot more often.

mrginge

Its still a joint marital asset and would be treated as such.

charlottep_2

Thank you Exoteric some great information there I didn't know. Really helped. Will go into branch tomorrow with Mum to get the documents.

Oh I should have mentioned. They never married

exoteric

charlottep wrote: »

Oh I should have mentioned. They never married

In which case there is a very serious issue and you need to get solicitors to look into this ASAP.

Thrugelmir

When you say taken off. Was the property remortgaged into your fathers sole name?

charlottep_2

Been into the bank this morning and asked for a copy of the documents. It seems the house indeed was remortgaged unbeknownst to us all. Now with a completely different bank. They're sending the copies out.

Sounds like it was all done with one signature. Was clinging on that surely you'd need more than one signed legal document. Hopefully get to bottom of this.

Thanks for your replies

exoteric

charlottep wrote: »

Been into the bank this morning and asked for a copy of the documents. It seems the house indeed was remortgaged unbeknownst to us all. Now with a completely different bank. They're sending the copies out.

Sounds like it was all done with one signature. Was clinging on that surely you'd need more than one signed legal document. Hopefully get to bottom of this.

Thanks for your replies

You need to get the title documents from the Land Registry - you can do it online and they cost around £3. This will tell you if your mother actually has any ownership of the property. As far as I am aware, if your father remortgaged the property in his sole name he would also need to be the sole owner as the bank wouldn't want there to be another owner who wasn't party to the mortgage.

If you mother is still on the title deeds, she has a legal interest in the property and your father cannot dispose of it without her consent and/or without her receiving her fair share of the proceeds.

Yorkie1

It is also possible to put a marker on the land registry record so that no sale can take place without your mum's permission