Executor excluding benificiary

LellSasha

Cakeguts wrote: »

A house is worth what someone will pay for it not what it is valued at. So how does you offer relate to the offer that the other people made? If you pay your money over tomorrow will your brothers get exactly what they would get from the other people? Forget the estate agents fees. Does your offer exceed what the other people are offering? What you need to understand is that you have got to complete before the other people can. You can't wait for a couple of months until you have got your 2 extra pay slips. You have to offer more and complete quicker. The best offer is the highest one and the one that completes the fastest it isn't just to do with money. If you can't wait for 2 months to get your extra payslips do you understand that you may not be offered a mortgage? You may not be offered a mortgage even if when you get the payslips.

you are doing it again..have you missed this entire thread?

I dont have to wait to get the money...the money isnt coming from a mortgage.
the process is quicker that way...but I cannot complete either way because they wont accept my offer.
My offer is the same in value...its just quicker...it can be higher but they wont accept my offer because of the boys wanting to sell to strangers...

LellSasha

Cakeguts wrote: »

You are assuming wrongly I believe that someone somewhere will give you a mortgage. It isn't as simple as this. What are you going to do if you have to repay the bridging loan and you cannot get a mortgage?

Im not assuming anything there has been a professional working on getting me a suitable mortgage at the next appropriate opportunity...if this one falls through he will continue on

If i dont get a mortgage..ever...then the property goes on the market/auction for sale to pay the loan..

I can hardly see a mortgage adviser wasting so much of their time looking for options and advise such a plan if it wasnt at all accomplish-able..

missbiggles1

LellSasha wrote: »

So my mum passed away in Nov 2015. I am her next of kin. Early last year she explained to me that she had made her uncle by marriage and his wife executors of her will to give them the authority to close down bank accounts and register her death etc if I was too grief stricken to do so. The house was never mentioned and I was too naive to look into it.
When my mum passed it became clear just how much authority the execs have over the house in a very negative way.
When mum passed myself (on the request fo my mother before she passed), my 2 brothers and our maternal Grandad were living in the house. Mum had an existing mortgage that we all agreed to apply for and keep the house.
The youngest brother moved out in Jan to have a baby with his girlfriend and a couple of weeks later our Granddad passed away.
It was myself and the middle brother left in the house and at this point the middle brother decided he no longer wanted to live in the house (because I wouldnt allow his drugs inside - something he never did when our elders were alive) and because he wanted to move out (I couldnt move out for financial reasons) he wanted the house sold, so he could have his money. I didnt want the house sold and neither did the youngest brother. The executors informed us we would need to buy him out and at that time we couldnt. An investor offered their services to buy the brother out and allow me to keep on living there under my 3rd share - both brothers agreed but as the executors seemed desperate to have the hold sold on a whole and the younger brother started toing and froing (he couldnt decide whether to sell his share or not). They felt uneasy and quickly pulled out. I fought the house going on the market for a while trying, asking for more time, just to get myself in a position to buy the house myself or at the very least come out of studying and get back into full time work to aid my move. Domestic violence began from the middle brother on myself in an attempt to break me down. Eventually he was arrested for the final time and bailed away from the house.
I excepted I was defeated and the house went up on the market shortly after. I suddenly became the bad egg. All communcation about the house were no longer being had with me unless the execs needed me to be home for a viewing. Only the 2 willing siblings were notified of what the house was on the market for and when offers came in. I would find out through family members and have to call the executors to find out what was happening.
The house was in the market for 3 weeks when an executor called me to say they had accepted an offer on the house. There were no questions just that was that.
Things started to get easier for me I got a new job and a mortgage adviser and a lender worked together to get me the funds needed to buy the brothers out and get my own mortgage. At this stage the offer on the house was only 'in principle' so I went to the execs and told them that I was working with a lender and was at the final stage of getting the approval for the funds to buy out the boys and cover mums remaining mortgage. There were documents I needed from the execs, they stalled handing them over and then gave me the wrong docs. The whole time this is happening they are repeatedly telling me they are most likely only going to go with the offer from the other buyers. Even if I get approved before anything happens with them they have said they wont accept my offer. I have been approved the money but need to pay fees in order to complete the process. I am so nervous for doing so because I KNOW they are not going to take my offer (they say that the brothers do not want me to buy the house because its not fair to them (the brothers) knowing I live in my mothers house and they don't, they would rather sell to strangers - their words. yet not so long ago they agreed for an investor to buy them out and leave me be ). I'm about to hand over money for funds that are going to be rejected. They have also rejected a higher offer from another buyer because they want to get the existing offer processed before I have chance to get my funds.
In addition to this I came out of hospital a couple of days ago to be bed bound at home. I woke to find the execs and the youngest brother wandering around the house. A short while after the middle brother arrived with a police escort to collect HIS personal items (this is what the executor explained to me). Whilst I was laid up in bed they began removing furniture that didnt belong to the middle brother. The police would not allow me to question it (I wasnt "fit enough" and I was "causing a scene") and the executors just stood their with nothing to say. I was then informed by neither the execs or the brother that they would be returning on the 24th of this month (Sept) to take the rest of the wanted items from the house and throw away what they didnt want and by police warning I wasnt allowed to put up a fuss. I again had to contact the exec off my own back to have this confirmed. Can they do this before the house is sold, can they empty the house of items before funds have been provided from the sale to be able to replace them?? Why are items leaving the house before the sale is even complete!?
I really dont feel they are acting in best interest of all of us - only the brothers and not me but I am so unsure as to whether I have any rights to stop sales/ offers and battle what they are doing...I havent had a choice or a fighting chance in any of this and before I enter into more fee's with a solicitor I need to know if its worth it...TIA

Just thought I'd quote this because you don't seem to be saying now what you were saying at first.

BrassicWoman

LellSasha wrote: »

My offer is the same in value...its just quicker...it can be higher but they wont accept my offer

Make it higher, and make yourself proceedable, and put it in via the EA. Make it real and not theoretical and you limit the executor's options.

I suspect the issue will be that you are not proceedable.

parkrunner

parkrunner wrote: »

As already asked by others what happens if you don't get the mortgage?

LellSasha wrote: »

they continue to work on finding me a mortgage ...worst case scenario I accrue more interest than originally anticipated..but I still buy the house at a lesser cost than a mortgage elsewhere...

Precisely, there is no guarantee of a mortgage so the executors are doing the correct thing.

LellSasha

missbiggles1 wrote: »

Just thought I'd quote this because you don't seem to be saying now what you were saying at first.

care to explain..

missbiggles1

LellSasha wrote: »

care to explain..

No need - my post was self explanatory.

moneyistooshorttomention

I'd not quite clicked to the fact that they are deliberately taking items from the home - other than personal possessions - and even saying they will throw things away rather than leave them.

I think it would be as well to check out Freecycle and the like for offers of free furniture etc - as it does rather sound as if they are deliberately planning to remove any/everything you might possibly need to use and would rather bin it than see you be able to use it.

Do take care they dont ("accidentally on purpose") end up taking any of your personal possessions or any items you personally have obtained from Freecycle. It sounds rather as if they are planning/hoping to leave you having to sit on the floor/without cooking facilities/bed etc as a way to put pressure on you.

At the least - have stuff like a campbed/mini-cooker/etc lined-up ready to bring in after they've grabbed what they can get away with. Wherever you end up living - you will need furniture anyway.

Maybe the local Womens Aid might be able to help you with that? - as they do help battered women that are re-housed with finding furniture etc to furnish their new homes.

(NB: keep photos of any items you get from Freecycle and the like and whatever other evidence you can get to prove new items you acquire are yours personally).

LellSasha

BrassicWoman wrote: »

Make it higher, and make yourself proceedable, and put it in via the EA. Make it real and not theoretical and you limit the executor's options.

I suspect the issue will be that you are not proceedable.

parkrunner wrote: »

Precisely, there is no guarantee of a mortgage so the executors are doing the correct thing.

It was explained to me that once the loan pays out the brothers and mums mortgage that the house is then legally bought by me (handled by the solicitor)..therefore its not theoretical my offer just needs to be accepted by the execs..

with mums mortgage paid and the brothers 3rd bought out mums estate has been sold despite where the money has come from. So the execs are relieved of their duties. Its not their responsibility to then make sure I get a mortgage..its mine and the brokers..

I will legally own the house I just have a massive debt to pay back which means I will need the mortgage to pay the loan.

lets say the new buyers get the house and never pay their mortgage for whatever reason... are the execs liable for this also or did their duties end when the house was signed over??
this is how it works for me..the house is signed over in receipt of all the payments...they no longer have a responsibility!

LellSasha

moneyistooshorttomention wrote: »

I'd not quite clicked to the fact that they are deliberately taking items from the home - other than personal possessions - and even saying they will throw things away rather than leave them.

I think it would be as well to check out Freecycle and the like for offers of free furniture etc - as it does rather sound as if they are deliberately planning to remove any/everything you might possibly need to use and would rather bin it than see you be able to use it.

Do take care they dont ("accidentally on purpose") end up taking any of your personal possessions or any items you personally have obtained from Freecycle. It sounds rather as if they are planning/hoping to leave you having to sit on the floor/without cooking facilities/bed etc as a way to put pressure on you.

At the least - have stuff like a campbed/mini-cooker/etc lined-up ready to bring in after they've grabbed what they can get away with. Wherever you end up living - you will need furniture anyway.

Maybe the local Womens Aid might be able to help you with that? - as they do help battered women that are re-housed with finding furniture etc to furnish their new homes.

(NB: keep photos of any items you get from Freecycle and the like and whatever other evidence you can get to prove new items you acquire are yours personally).

in their words I cant prove whats mine and whats mums so theyre treating it all as mums and allowing the boys to take what they say they want..anything they dont want is going to be binned and you couldnt be more right...im arranging to have all my personal items removed before they come back so all they do take is mums (which isnt much to be fair) the washer/dryer/ fridgefreezer are mums the rest is mine..so i have a big job on my hands. I brought my furniture over when i moved in as it was newer than mums except for her kitchen appliances that matched her kitchen..