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Bank / solicitor recouping money after settlement.

Dede78
Posts: 1 Newbie
I am administrator to my father's estate with no will so it has been divided equally between his children.
The final asset was his house which had a mortgage and when my solicitor ran their checks it showed a charge against the property (same lender as mortgage). I was asked by the solicitor for further details of the charge, I contacted several departments of the lender who knew nothing about it and they provided a final settlement figure for the mortgage redemption and the solicitor did the same thing and had the same result. The house was sold, I paid all estate debts Inc solicitor fees and distributed the estate as per the rules of intestacy.
3 months later, the solicitor contacted me to inform me that the lender had been in touch to say they had made a mistake, the charge was not included in the final settlement figure and the lender would like to collect payment in full. I informed the solicitor that the estate had been distributed, I wouldn't be able to recoup any funds from my siblings as there had been a fallout and I don't have the funds to pay the charge myself either. The solicitor said they would try to argue the mistake was made by the lender and the charges should be waived due to the error and circumstances, this is proving unsuccessful and my solicitor seems to think the charges will not be waived so they are requesting payment from me.
Any advice would be greatly appreciated. TIA.
The final asset was his house which had a mortgage and when my solicitor ran their checks it showed a charge against the property (same lender as mortgage). I was asked by the solicitor for further details of the charge, I contacted several departments of the lender who knew nothing about it and they provided a final settlement figure for the mortgage redemption and the solicitor did the same thing and had the same result. The house was sold, I paid all estate debts Inc solicitor fees and distributed the estate as per the rules of intestacy.
3 months later, the solicitor contacted me to inform me that the lender had been in touch to say they had made a mistake, the charge was not included in the final settlement figure and the lender would like to collect payment in full. I informed the solicitor that the estate had been distributed, I wouldn't be able to recoup any funds from my siblings as there had been a fallout and I don't have the funds to pay the charge myself either. The solicitor said they would try to argue the mistake was made by the lender and the charges should be waived due to the error and circumstances, this is proving unsuccessful and my solicitor seems to think the charges will not be waived so they are requesting payment from me.
Any advice would be greatly appreciated. TIA.
0
Comments
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It's more of an estate administration query than a mortgage one really - but if the debt was due by the estate then it's due. It sounds like you took reasonable diligence as an administrator so wouldn't be personally liable for breaching your duties, but the debt would (I think) be recoverable from the beneficiaries. How much are we talking?0
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Get the solicitor to write to all the beneficiaries1
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