Lloyds threatening repossession but refusing payment!

desperateauntie

Thank you, I've looked online and it appears probate was granted four months ago!! I don't know what happened to the original Grant of Probate but I have ordered copies online, so hopefully once I receive copies and send them in to Llloyds they'll speak to us.

the property cannot be transferred without the mortgage being paid off.

Well that's clearly not true in this case, because it has been. I have the deeds to prove it - probate has been granted; the deeds held with the land registry name my niece as sole owner; and Lloyds acknowledge that she is the sole legal owner of the property.

Besides if property can't be transferred till the mortgage is paid, how come Lloyds is claiming they can't even legally speak to anyone about the mortgage until after probate is finalised?

Thrugelmir

desperateauntie wrote: »

Besides if property can't be transferred till the mortgage is paid, how come Lloyds is claiming they can't even legally speak to anyone about the mortgage until after probate is finalised?

Have you made that telephone call to the other executor yet? Seems as if your are reluctant to speak to him.

silvercar

desperateauntie wrote: »

Thank you, I've looked online and it appears probate was granted four months ago!! I don't know what happened to the original Grant of Probate but I have ordered copies online, so hopefully once I receive copies and send them in to Llloyds they'll speak to us.


Well that's clearly not true in this case, because it has been. I have the deeds to prove it - probate has been granted; the deeds held with the land registry name my niece as sole owner; and Lloyds acknowledge that she is the sole legal owner of the property.

Besides if property can't be transferred till the mortgage is paid, how come Lloyds is claiming they can't even legally speak to anyone about the mortgage until after probate is finalised?

Can you see the mortgage charge on the deeds?

If not, then it may be that somehow Lloyd’s have allowed the charge to be removed, which would explain why they are anxious it be cleared in full now as it’s an unsecured loan and they have no security for its repayment.

If it is still there then somehow your niece has the ownership recorded but the charge transferred to her ownership of the property, which is odd!

davidmcn

desperateauntie wrote: »

Thank you, I've looked online and it appears probate was granted four months ago!! I don't know what happened to the original Grant of Probate but I have ordered copies online

Why aren't you discussing this with the other executor?

Well that's clearly not true in this case, because it has been. I have the deeds to prove it - probate has been granted; the deeds held with the land registry name my niece as sole owner

Just to be clear, this transfer has taken place after the grant of probate, it wasn't some sort of lifetime transfer? If the former, why has the executor transferred title to the beneficiary without sorting out the estate's debts? If your niece is the co-executor, how has this all happened without her involvement? Or did she decline to act as executor and everything been done in the other executor's name?

desperateauntie

I've spoken to the executor, who confirmed probate was granted and the property transferred after probate. He's an elderly retired man and it's hard to get in touch with him. I have no idea why he was able to transfer the property with the mortgage unpaid or why this was allowed to happen, I honestly didn't realise till I read this thread that wasn't the norm.

Everything was handled by the other executor, niece met him and just signed whatever he told her to sign, there was never any suggestion she handle any of the duties of executor herself. He was aware of the abuse situation and the need to protect niece and is is very "paternal" towards her. Niece assumed he would take care of anything and didn't realise she had the option to get involved, nor would she have wanted or been able to handle that responsibility. So essentially he has acted as sole executor.


I have the PDF of the 'Title Number' form I purchased from the land registry right in front of me. It says:

Title Number: 01234567
Address of Property: Address of SIL's house in London
Price Stated: £250,000
Registered Owner(s): Niece's name and address of her flat in Birmingham.
Lender(s): Llloyds Bank PLC

I'm going to write to Lloyds asking for clarification because clearly something dodgy has gone on, and has probate has been granted and the property transferred it's even stranger that they refuse to speak to niece.

getmore4less

This needs sorting quickly.

Council tax will be due as it was occupied post DOD.

Who has insured and secured the property?

Thrugelmir

desperateauntie wrote: »

it's even stranger that they refuse to speak to niece.

Could be anyone on the other end of a telephone.

desperateauntie

No, it's not that. She 'passes' all the security screening questions, and has also offered to attend in-person meetings (bringing ID, and they already have her photo ID on file). They've made clear the moment they receive a copy of the Grant of Probate in the post they'll be happy to speak to her over the phone so evidently nothing to do with being unable to verify identity on the phone.

Hopefully once I get the copy posted out to them we can get this sorted out and arrange a repayment schedule.

Who has insured and secured the property?

It's not insured currently. I'm not sure what "secured" means in this context. The door and windows are locked but that's all. It's empty of nearly all contents so no risk of burglary and the squatter trashed it so much that even if someone did break in, they couldn't do any worse to it.

Council tax is being paid.