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  • FIRST POST
    • lyndabill
    • By lyndabill 9th Jan 19, 9:31 PM
    • 40Posts
    • 2Thanks
    lyndabill
    house to return to mortgage company
    • #1
    • 9th Jan 19, 9:31 PM
    house to return to mortgage company 9th Jan 19 at 9:31 PM
    Hello.
    Following a family death with no will probate was granted..Deceased had house which we found in Very poor condition. Deceased had mortgage. Also had charge and a restriction against sale unless the lender gave permission to sell. Lender was partner. Lender won't enter I to discussion to remove restriction. Therefore we cannot sell the house. Stalemate...... House may get 125k at auction and mortgage is about 120k.
    Have decided in our best interest to return house to bank. We cannot afford to go to court to remove restriction so no choice.
    We have papers from bank 're voluntary surrender.
    Any pitfalls being flagged up please.
    Any idea what bank will do/need to get partner/Lender to remove restriction so bank can sell house please?
Page 2
    • Yorkshireman99
    • By Yorkshireman99 12th Jan 19, 7:49 PM
    • 5,162 Posts
    • 4,369 Thanks
    Yorkshireman99
    in hindsight we would have. but we had to do Probate as the only available relative. and it took 6 months to gain access to see the house. We had no choice!
    Originally posted by lyndabill
    Sadly this was not the case. The problem is, that with every good intent, you got involved. The advice where an estate is, or maybe insolvent is do nothing. What is done is done all you can do now is look forwards and get immediate professional help. Nobody is blaming you for your good intent.
    • lyndabill
    • By lyndabill 12th Jan 19, 10:19 PM
    • 40 Posts
    • 2 Thanks
    lyndabill
    we didn't know it was in such a bad state of repair in till after we got probate...
    he had no parents wife or children....just our family, his brother.
    He was living in the house with the partner. Unbeknown to us she left the property a month or so after his death. She claimed benefits saying she was the tenant. We have discovered all this since we accessed the house.
    We didn't know who the mortgage was with, we had no information until we got probate and were able to find out. The partner refused to tell us anything and said the deceased had no bank no savings no belonging and no car and no NINO number. We had to get probate to start unravelling the mess.
    • lyndabill
    • By lyndabill 12th Jan 19, 10:25 PM
    • 40 Posts
    • 2 Thanks
    lyndabill
    Yorkshire man we did get a solicitor involved. The partner was asked to remove the restriction so we could move on and sell. She refused to reply....well thete is nothing in it for her so why would she bother. She knows how much the damage to the house reduced its value!
    Solicitor offered to write to her asking again to remove restriction (another 80 quid) but we can't afford to continue to throw good money after bad so hence the voluntary surrender.....which we have talked to the banks legal team about and have the paperwork to fill in. It will be a relief to be honest. Been stressful for 9 months, dealing with the death of a 52 yr old and all the bombshell since!
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