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Property not for sale

edited 26 March 2019 at 4:39PM in Deaths, Funerals & Probate
89 replies 14.1K views
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Replies

  • JJWSJS8700JJWSJS8700 Forumite
    119 posts
    Ninth Anniversary 100 Posts Combo Breaker
    Thank you for your help, do you think I should fill out AS1 at Land Registryas the Contributor having a Declaration of Trust, then just override what he has illegally carried out?
  • AnotherJoeAnotherJoe Forumite
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    Get.A.Solicitor.
    Now.
  • paddy's_mumpaddy's_mum Forumite
    4K posts
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    OP - I really don't wish to be rude but it is quite clear from some of what you have already written, on this and another thread, that you don't know what the hell you are doing!

    None of us can actively prevent you blundering about like a drunkard but we can speak to you with commonsense and repeat GET YOURSELF A GOOD SOLICITOR!

    Your choice but bleating on and on and on won't change a darned thing. Seek competent legal advice asap. I'm now out...good luck.
  • JJWSJS8700JJWSJS8700 Forumite
    119 posts
    Ninth Anniversary 100 Posts Combo Breaker
    Who on earth are you talking to.

    I cannot get s Solicitor as nobody is interested, for love nor money, hence why I am here.

    I have carried out my dealings and money transactions professionally and the other person has committed fraud.

    If you have no advice or experience, simply scroll on.
  • dawyldthingdawyldthing Forumite
    3.4K posts
    If the house didn’t have you on the deeds and it was hers alone your mum was free to sell it.

    We get you paid for it, but the pope could have paid for it, it all depends whose names on the land registry.

    If it was sold a year ago I’m not too sure what else you can do.

    What you can do is pay I think it’s £4 to see who actually is on the land registry right now and see if it has gone through.
    :T:T :beer: :beer::beer::beer: to the lil one :) :beer::beer::beer:
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  • dawyldthingdawyldthing Forumite
    3.4K posts
    https://www.investopedia.com/terms/d/declaration-of-trust.asp

    You need to find out if you was registered on the deeds (which I think should be able to be found on the land registry)
    :T:T :beer: :beer::beer::beer: to the lil one :) :beer::beer::beer:
  • getmore4lessgetmore4less Forumite
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    You can't unilaterally change a deed of trust.

    I suspect what might have happened is

    The only protection you had was the deed and no protection via the title.

    Your mum sold the place and kept the MONEY.
    You have a claim against your mother's assets.

    You need to see if there has been colution with the house sale it may be possible to get that reversed.
  • JJWSJS8700JJWSJS8700 Forumite
    119 posts
    Ninth Anniversary 100 Posts Combo Breaker
    Thank you.

    I am not on the Deeds, that’s how I confirmed it had been sold, through Land Registry.

    Apparently Declaration of Trusts do not have to be noted on Land Registry.
  • JJWSJS8700JJWSJS8700 Forumite
    119 posts
    Ninth Anniversary 100 Posts Combo Breaker
    Thank you very much for replying.

    The house has been sold to a relative who was visiting her regularly, for half the price.

    So they have made her sign it to sell, which she wouldn’t and knew we both had to sign, or she was out of her mind.

    She knew the deal and the relative has got a mortgage on it now.

    What would happen to this mortgage charge if it was reversed, do you know please?

    Thank you again.
  • AnotherJoeAnotherJoe Forumite
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    For the very last time, yiu need to see a solicitor to make a claim against the first solicitor for negligence in not protecting your assets via a charge.
    It's very different to say you don't have to register a trust in the deeds to saying you cannot. I have a charge against my daughters house as I put half the money in. You put all the money in. You should have had one. In my opinion (IANAL) the solicitor was negligent in not putting a charge on.

    Go and see a solicitor and they will advise. I don't beleive you cannot "for love nor money" get one to represent you given the facts as you describe and indeed that will be why the solicitor ushered you out of the office because you would be claiming against him, so he at least must think you could find someone.
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