My sisters mortgage hell

getmore4less

Starting to smell now

Lookingforanswers wrote: »

Getmore4less- The first owner of the property never registered the property and still owes £850 on a historic mortgage. They then sold the property to the lady now in a care home and her son is facilitating the sale. Her son has not applied for probate on her behalf until recently, which has lead to these delays. As well as dealing with 2 solicitors and 2 estate agents who are clearly not in any rush to notify of any development's, it has all added to this. Hopefully the helps you with you "Fishy" issue

The probate is unrelated to the sale.

chris_m

getmore4less wrote: »

The probate is unrelated to the sale.

It could be if the property was jointly owned by the lady and her now-deceased husband - depending on how the ownership was set up when they bought it she could only own half of it or, even, none of it until Probate has been granted, and that is assuming that her husband's will did leave everything to her.

I agree that Probate is not directly related to the sale but if Probate is required, the sale cannot proceed until it has been granted.

getmore4less

The probate if for the "owners" father not some husband that has never been mentioned.

getmore4less

Lookingforanswers wrote: »

there is not enough time to have the works carried out and to get it checked off so that the retention may be lifted!

Who is going to be doing this work and paying for it?

chris_m

getmore4less wrote: »

The probate if for the "owners" father not some husband that has never been mentioned.

Trying to read between the lines in posts 7 and 8, to make some sense of it all;

They then sold the property to the lady now in a care home and her son is facilitating the sale. Her son has not applied for probate on her behalf until recently, which has lead to these delays.

and

the father of the current owner has also passed away and the probate application is for him as his mother is in no fit state to deal with the sale.

My interpretation is that the house belongs to the parents of the person trying to sell it - of whom the father has passed away and the mother is in a care home, possibly incapable of dealing with her affairs.
The seller is trying to sort probate for their father's will and sell the property on behalf of their mother.
The situation is further complicated by an outstanding amount on the (now deceased) previous owners' (from whom the seller's parents bought the property) mortgage.

If that summary is incorrect, the OP really needs to clarify the situation in one single post rather than snippets here and there - not that anyone on here can really help, since the legal processes must be followed and they will take as long as they will, be that days, weeks or months.

getmore4less

OK I can go with that interpretation.

lets hope they have EPA/LPA already for the mum, that looks to be the(or one of them) real owner, if she is not capable.

The OPs sis solicitor should have picked this up very early and put a stop till the property was registered and in ownership of people that could sell it.

Normally you would do this(register/transfer) as part of the sale but with this history you want the vendor to sort it all out creating a clean title before getting involved.

chris_m

getmore4less wrote: »

OK I can go with that interpretation.

Cheers - it's the best I can make out of the snippets.
No offense to the OP BTW, it's not always easy to remember to include all relevant information, especially when dealing with second or third-hand information which has probably itself been drip-fed.

Normally you would do this(register/transfer) as part of the sale but with this history you want the vendor to sort it all out creating a clean title before getting involved.

Indeed - it sounds an absolute nightmare, especially with the first owners having never registered the property nor settled their mortgage.

Lookingforanswers

Thanks for all the advice folks and sorry if my posts have been snippets and vague. Im literally picking up the information as its coming to light getting alot of info over the phone from my sis until i can read the emails myself. As it stands my sis has until friday to accept the mortgage offer or it has to be re-applied for at an additional cost. The work that needs doing to lift the retention of £6000 will take 3-6 weeks to complete and a payment plan has been agreed in principal otherwise she has to find the full amount which is not possible. The mortgage broker has contacted the bank manager to see if they can proceed with the mortgage with the £850 outstanding debt, for which she has had to apply for an indemnity policy or similar and finally the clueless son who is facilitating the sale, on behalf of his dad (deceased - property in his name) and his elderly mother (care home) has just about got his sh** together and now has the legal documents to do so. And so far she has spent near £3700 on surveys, reports, solicitors fees, broker fees and additional mortgage payments the stress is mount but she is determined to get this house as she's put so much in.

getmore4less

Why has the vendor not been getting the work done and paying for it?

Kevie192

What additional mortgage payments?!