Am I entitled to money back when house is sold

D_M_E

You borrowed a stack of cash without securing it against anything - this sounds like a personal loan, not a mortgage.

Was anything written down between you?

I would think that if both of you are named on the deeds then she cannot sell without your agreement and signature.

I would also think that, since you have been making repayments to the loan for the past 10 years then I think you would be entitled to a bit more.

Another thing to look into is, since the loan was taken out some time ago there could be PPI attached to it and you may be able to make a mis-selling claim for this if this is the case.

Auntyloopy

Although we don't have anything in writing apart from she says it's a third and I reckon it's just over a difference of about 4% I'm sure that the solicitor will be able to work out the from the original mortgage paperwork. I just think it's going to get nasty

Auntyloopy

It was definitely a mortgage and not a loan. To be honest my mum sorted it out and as she owned he house outright we remortgaged it to release some equity.

Rileybaby

Was the remortgage in your name or your mums?

Auntyloopy

It's in both our names but I pay the mortgage

teddysmum

So the house was the security for the mortgage.

D_M_E

If it's a mortgage then it would definitely be secured against something, most likely the property and most likely in your mum's name as you would not have had your name on the deeds at the time the loan was advanced.

Have you got a copy of the property's freehold from the Land Registry - cost £3 (don't have the link to hand) which will show what, if anything, has been secured against it.

A frrestanding loan or mortgage for the amount you mention seems unlikely, even back then, unless you have been paying an astronomical interest rate but even then it would be secured against something.

EDIT - given your reply above, your name must have been on the deeds before taking out the loan in order for it to be in both your names.

Auntyloopy

I know my mum has all the documents and I know that my name is on all documents

Auntyloopy

The deeds were originally in just my mums name then we remortgaged and the solicitors had my name put in the deeds because I was on the mortgage

Cheeky_Monkey

Do you live in the house with her?

What did she do with the £50k?

You say you have you been paying rent for her share, who to?