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Property not for sale

edited 26 March 2019 at 5:39PM in Deaths, Funerals & Probate
89 replies 14K views
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  • FlugelhornFlugelhorn Forumite
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    JJWSJS8700 wrote: »
    Thank you Flugalhorn:

    The original Solicitor who made my Declaration of Trust is the SAME Solicitor who made the new sale.

    The deeds are held in his strongroom for life, it states here on my Mothers original paperwork, he just didn’t bother to get them out thinking this was a Mother who was changing her mind about who she wanted her property left to, he thought it was just a family falling out.��

    Thank you again.

    eeek, sorry I missed that. No excuse then.

    I agree with the suggestions about making a complaint - it may be that something can be sorted at that stage
  • JJWSJS8700JJWSJS8700 Forumite
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    Thank you Fugelhorn:

    I was under the importation a Complaint might get a ‘sorry’ but not the value.



    Thank you again.
  • Manxman_in_exileManxman_in_exile Forumite
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    OP - who was the solicitor's client? Your mother, you, or both of you?


    I think you need to have been a client to make a complaint.


    Do you not have a copy of the "Deed of Trust"?


    (Although the OP has deleted his original post...)
  • JJWSJS8700JJWSJS8700 Forumite
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    Thank you for replying.

    I thought he was representing both of us, we had 2 meetings , starting, completing, I’ll do a Will at the same time.

    I paid in full plus the fees for himto complete.

    When HE the SOLUCITOR asked to see the original paperwork what we had all signed in his office that day, with his secretaries as witnesses, I took it from my bag to show him.

    He did say find another Solicitor because I was representing your Mother.

    But it was him who made the Declaration of Trust , the contract between us both.

    Thank you again.
  • konarkkonark Forumite
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    OK I might be a bit thick but there's a lot here I'm struggling with..


    Why did you make a Declaration of Trust for her to live in the house rent free- . it was HER house! The only reason to do this would be if it were your house.


    Do you think your mother was compus mentis when she sold the house? Or that undue influence was brought to bear? You mention she was married for 60 years so she must have been knocking on.



    How long ago was the original house sale to your mother?
  • AnotherJoeAnotherJoe Forumite
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    konark wrote: »
    OK I might be a bit thick but there's a lot here I'm struggling with..
    Why did you make a Declaration of Trust for her to live in the house rent free- . it was HER house! The only reason to do this would be if it were your house.

    This all seems somewhat moot since OP has removed her post but they gave mother the money to buy it, from memory 20 years ago. In effect they were the mortgage lender. Hence protecting their money witha trust deed (but inexplicably not protecting it witha charge on the registry. )
  • badger09badger09 Forumite
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    AnotherJoe wrote: »
    This all seems somewhat moot since OP has removed her post but they gave mother the money to buy it, from memory 20 years ago. In effect they were the mortgage lender. Hence protecting their money witha trust deed (but inexplicably not protecting it witha charge on the registry. )

    Why on earth do people remove their 1st post?

    Many posters have taken time & effort to reply and try to help. It is rude & I find it very frustrating.
  • MojisolaMojisola Forumite
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    badger09 wrote: »
    Why on earth do people remove their 1st post?

    Also pointless as it's been quoted in several following posts.
  • AnotherJoeAnotherJoe Forumite
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    badger09 wrote: »
    Why on earth do people remove their 1st post?

    Many posters have taken time & effort to reply and try to help. It is rude & I find it very frustrating.

    At a guess it's going to go legal and OP doesn't want the details bandied about on the interwebs
  • unholyangelunholyangel Forumite
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    AnotherJoe wrote: »
    This all seems somewhat moot since OP has removed her post but they gave mother the money to buy it, from memory 20 years ago. In effect they were the mortgage lender. Hence protecting their money witha trust deed (but inexplicably not protecting it witha charge on the registry. )

    Might have stemmed from a possible charge the LA may have had on it for the amount of the discount so that if the house is sold within a set amount of time, the LA will recover the discount.

    There can be issues with that as valuations are typically slightly more than they would go for normally and theres always the potential for an under offer. So it tends to require approval from the LA to reduce their charge and while they may have no objections to a mortgage lender having a charge (particularly if the tenant is likely to keep it for at least a few years as the LA's charge is typically a sliding scale with 100% being repayable if sold in the first year, a lower amount the 2nd and so forth) they may not feel the same about a family member having a charge given the clawback of the discount is designed to prevent situations where family members purchase the house of an elderly relative with the intent to profit from the discount earned by the tenant.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
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