Title deed

KERNOW123

12 years ago I had a mortgage on the house my Mum, Dad, Sister and I lived in.
My mum and dad split up about 11 years but have not yet divorced.
This property had the mortgage in my name but the title deed was in my Grandmothers name as she had the right to buy her council house but no funds to do so, nor did my mum and dad at the time.
My mum and dad paid the equivalent funds of the mortgage into my bank account each month to cover the outgoing mortgage direct debit.
Some 11 years ago I wanted to be free of this mortgage as I needed the financial freedom to secure a mortgage of my own for my own young family.
At this point my dad was in the house living on his own as my mum had left him.
My dad could not secure a mortgage on his own at this time and therefore my sister secured a mortgage in conjunction with my dad - my sister being the primary mortgagee and bulk income contributor to the mortgage.
Both my sister and my dads name were entered on the title deed.
Not only did my sister agree to this to secure a roof over my dads head but also to secure a share of the property in the interest of my mum.
It was my clear by my sister to my dad (verbally) that she was on the mortgage and title deed to "protect" our mums interests in the property.
My dad indicated that he was only planning to live there for 2 years and then sell and settle up shares and profit from the sale of the house with my mum.
he did not sell the house and has never settled up with my mum.
his partner moved into the house with him about 9 years ago.
last year mid 2016 my sister wanted, as i did, to be free of the mortgage in order to secure a mortgage to buy a property for her own young family.
she told my dad this.
a solicitor was engaged to act on both there behalf.
the solicitor issued consent forms in duplicate to my dad and my sister.
my sister intended to issue instruction through this solicitor to my dad stating the terms of a settlement in favour of my mum upon the discharge of the mortgage.
it transpired that my dad forged my sisters consent to this solicitor who proceeded to discharge the mortgage with funds received from my dads partner, and my sister lost the opportunity to present these settlement terms in written form.
since acting on my sisters forged consent this solicitor no longer represents my dad and my sister has sort different and indecent representation.
my dad is stating that he was never aware that my sister was on the mortgage nor title deeds to protect my mums interests and has never been aware that my mum was expecting any settlement.
this seems very convenient seeing as he forged her consent thus being able to discharge the mortgage and creating a sale of property situation, with his partner presenting funds to redeem the mortgage.

Now he is seeking to remove my sisters name from the title deed - is this possible ?

My mum is pursing a settlement of 50% of the remaining profit in the property at the time she left 11 years ago minus the mortgage value at that time - this settlement value being approx £40k.

2 questions here
1) can my dad remove my sisters name from the title deed in this situation, and therefore my sister looses the protection of my mums share of the property?

2) has my mum got any rights to a claim on a share of the property through my sister still being on the title deed

OR

can my sister - in the light that there is no mortgage (to our knowledge) on the property - transfer he share to my mum

can my sister force a sale of the property

Many Thanks
Its a very complex situation and I greatly appreciate any input

Thrugelmir

If your father was party to the mortgage. Then there's nothing to stop him discharging the mortgage by making full settlement.

Would seem that your sister forces a sale to release her share of the equity. Your mother can then receive the money. Forcing a sale isn't going to be cheap. though Taking the requisite steps might encourage your father to come to a settlement. In order to avoid the necessity of court action.

KERNOW123

Thank you for your reply
What would the requisite steps to force a sale be?

He has said that he has taken leal advice and said he can take my sister off the title deeds - can this be done now the mortgage has been discharged?