Can Deed holder dispute sale?

jonty151

Holes in the story? Just telling you what I know you try dealing with two maniacs for five years see if you can recall everything These two have been fighting for five years and both have solicitors/barristers I went to high crt myself re Mothers Will and judge told me I could not have my third because of ongoing theft/fraud case.
Also I went to land reg two years ago and did search my brother Johns solicitor has put a lis penden or whatever it's called on the Deeds So obviously the sale of family home is associated with these ongoing Cases How did he get a lis Penden does a judge have to grant him that? And why now is he wanting to sell? My father had living rights to property but he had been in nursing home since 2012 and died Sept 2014. That's all info I have but I still think my brother wants to sell so as to have funds from sale of family home frozen re fraud/theft case

RAS

jonty151 wrote: »

My father had living rights to property but he had been in nursing home since 2012 and died Sept 2014.

Holes in the story means that you are only telling us part of the tale, as per the above.

jonty151 wrote: »

Thanks for replys Sorry I should have made clearer my mother didn't own the property myself and my two brothers have owned the property since 1987 I believe it was for inheritance tax reasons.

When did mother die? Did she live in the house after 1987 at all?

Was father ever co-owner?

This could be a gift with reservation and therefore part of the estate.

I think you really really need to get all the paperwork you have together and go and see a good solicitor who can explain what is in the estate ( and therefore in the control of your executor brother) and what is unencumbered.

AdrianC

jonty151 wrote: »

my mother didn't own the property myself and my two brothers have owned the property since 1987

So the house has absolutely NOTHING to do with your mother's will at all.

Hoploz

But it sounds as if someone has put a charge on the property
(Assuming that's what this lis penden thing means)

xylophone

http://www.arthurcox.com/wp-content/uploads/2014/01/Arthur-Cox-Lis-Pendens-May-20131.pdf

Presumably John thinks that Patrick's share of the proceeds of sale of the property should be used to repay the money Patrick is alleged to have stolen from his mother before she died? This would now be a repayment to the late mother's estate of which John is the executor.

John wants any order for sale to direct that Patrick's share be held by a solicitor pending the outcome of the other cases?

G_M

Yeah well as I said:

It's really frustrating trying to help when

* irrelevant facts are provided, confusing matters
* relevant questions are ignored, and
* other relevant facts are drip-fed

Quite frankly, as the plot thickens and we get drip fed increasing data, it becomes apparant that this is really not an appropriate place, or way, for OP to seek advice.

This requires a competant legal professional, experienced in the areas of Probate, Criminal, and Property law, who has all the documentation, history and facts before him.

Not a bunch of half-baked but well-meaning amateur strangers on a property forum who have to use google in an attempt to find out what "lis penden" means.

( and before anyone gets insulted, I include myself in that description)

AdrianC

G_M wrote: »

who have to use google in an attempt to find out what "lis penden" means.

I think I met her once.

jonty151

Presumably John thinks that Patrick's share of the proceeds of sale of the property should be used to repay the money Patrick is alleged to have stolen from his mother before she died? This would now be a repayment to the late mother's estate of which John is the executor.

John wants any order for sale to direct that Patrick's share be held by a solicitor pending the outcome of the other cases?[/QUOTE]

Thanks for info- But I still think there would be a chance a judge would freeze all money from the sale of family home until end of other Cases not just Patrick's share

Also does anyone know if I can get this Lis Pendens removed before marketing the property? No one is going to buy a property with this on the Deeds

xylophone

"lis penden"

Lis pendens

Googling can help.....:)

xylophone

Thanks for info- But I still think there would be a chance a judge would freeze all money from the sale of family home until end of other Cases not just Patrick's share

Also does anyone know if I can get this Lis Pendens removed before marketing the property? No one is going to buy a property with this on the Deeds

Not information but a suggestion as to what your brother John might consider to be the case.

There is some useful information about the registration of a lis pendens in the link in my previous post.