Brother trying to sell empty house I have a charging order and restriction on

Jcbkabs

Hi 
I need some help please?

back in 2009 I lent my brother £30k by paying his mortgage arrears off and repairing and making to the house habitable and paying mortgage until it could be rented out had a contract drawn up and signed by him, me and the solicitor. In the contract the property is to rented out and sold at a later date and monies split mortgages paid, my £30k and the remainder split 60/40. I’ve also had plans drawn up to put a 3 bed house on the side but due to my brothers violent and unpredictable behaviour I haven’t processed.

he told us £74k was owed on the mortgage when we sorted it all out but it came to light he had borrowed another £20k to do work on the house which never happened so total owed was £97k. He had nothing to show for the extra £20k no flash car so I don’t know what this extra was spent on.

fast forward to Feb 21 I get a letter from a local solicitor asking for me to release/ remove my charge and restriction on the property as it’s being sold for £65k but was valued at £85k  but house up the road with no garden of parking spaces has just sold for £147k?

so we final get a copayment of the mortgage settlement figure £73k still owed he the comes to the house and threatened to beat up myself and my sons if I don’t give him £10k and pay the mortgage and his costs off thank god for ring door bell as all recorded with sound.
I agree to pay the mortgage and his solicitor fees for the transfer of the property to me off and take full control of the property. But I want to view the property first as not been in the property for over 10 years but on the understanding his solicitor shows let’s us in or a third party not related to either of us.
he comes to the house threatening again police called and they have a chat.

he would agree to a third party giving us access so we pull out and he threatened to hand it back to mortgage company this doesn’t happen 

the wife was in the garden  the other day and he stopped his car tried to offer £10k to us to take the charge and restriction  off or you could end up with nothing he said wife we don’t want £10k give keys back to the mortgage company he started to plead with her to take the £10k wife came in the house. This was over two months ago.

my question
can I force the sale as happy for it to sell on the open market either with a estate agent or property auction if so how do I do this as my solicitor seems to be happy just sending letters back and for I just want to teach him a lesson and draw a line under the matter and never help any one again  

  

DCFC79

A really nice brother you have there.
Good luck getting it sorted.

Jcbkabs

Yes I know my sister has had similar he used her address to take out debts bailiffs turned up there so she gave his address he turns up at her house barges in and smashed her house up with a baseball bat 

my parents alway side with him as he wouldn’t do such Even with a video of what he’s done my parents won’t believe it and he wouldn’t do anything like that it’s never his fault.

police never seem to be able to get enough evidence on him 

I’ve washed my hand of him and my parents just need to find a way to force the sale of the house so I can get my money back.

steampowered

He can't just "give the keys back to the mortgage company". That's not a thing. It doesn't exist.

He could stop paying the mortgage, and the house could ultimately be repossessed. But in that situation the house would still be sold, and anything remaining after the mortgage had been paid would be sent to the owners.

If he won't even allow you inspect the house in the presence of a third party, I see no option but to go the legal route and use solicitors to force a sale. No doubt he will shout, scream and generally behave like a toddler. But it is likely to ultimately be at his expense, since the costs of your solicitor can be charged to the property and deducted from his share.

I would also keep calling the police each and every time he threatens you or does something unacceptable. The more evidence gathered, the more likely he will be held to account.

Another idea. Do you know where your brother works? If so, you could look at suing him him for breach of the contract you signed. But instead of securing your damages against the house, obtain an "attachment of earnings". That is an order that his employer pays part of his salary to you each month. 

Jcbkabs

Hi steampowered 

His solicitor has stated that in a letter to my solicitor that he would be surrendering the keys to the mortgage company on three occasions.

he was working for a large energy supplier but not sure if he still does as not seen him around in their van for quite a while and I know he was suspended after a few customers complaints about his attitude.

macman

I'm quite unclear if the property is jointly owned, or whether you simply have a charging order against it in respect of your loan to him? If the latter, you can't force a sale, and your loan will only be repaid once he sells the property, or it is repossessed. If the former, and you own your shares as tenants in common, then yes, you can force a sale, though that is never easy if one party does not want to do so.

Jcbkabs

Hi Macman 

the mortgage is in his name  on land registry there is the a contract which was signed when I lent the money put my charger on the same as a mortgage company and he would hold my percentage of the property in trust for me until property is sold

steampowered

As you have instructed a solicitor, they will know much more about this than anyone on MSE, so it is best to ask for their advice.

It sounds like you have a registered charge order over the property, it may be that you could call in your security and require the property to be sold. 

It might also be that you could demand immediate repayment of the loan (many family loans are drawn up to be "repayable on demand"), make your brother bankrupt, and then the bankruptcy trustee will sell the property.

However it is difficult to advise as I cannot see from here what loan documentation and what charge documentation was signed with your brother.