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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7620
Experience:  UK solicitor
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How would i find out if i signed a waiver form 25+ yrs ago

Resolved Question:

How would i find out if i signed a waiver form 25+ yrs ago when i agreed to go on the mortgage with my parentsas they were of a certain age. They now want to sell the house but this will make me homeless
Submitted: 3 years ago.
Category: Family Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

Are you on both the mortgage and the registered title for the property, yes?

What sort of waiver do you think you may/may not have signed?

Kind regards,

Tom
Customer: replied 3 years ago.

Yes I am on both, when I requested a copy of the title from Nram it was addressed to all three names... the form I may of signed could possible be a waiver to rights it was so long ago I can not remember. Really as I am to stay in the property for now or at least 6 months what rights do I have and can they sell without my signature...


 


The family all assumed I was going to move in with my partner because I asked 3 yrs ago to remortgage to release some equity to buy half of his property but they said no... I kept telling them if they got a 1 bedroom housing with the council I was to remain at the our home or they would be making me homeless.


 


 

Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

If you are on the registered title for the property then they cannot sell the property without your consent or a court order. This is because they would need your signature on the Sale Contract and the Land Registry Transfer for to sell the property.

If you are on the mortgage and the title then I’m not really sure what kind of waiver you could have signed that would alter your rights to the extent that your signature is not required. Basically there is no waiver of this type. The only way they could sell in this way is if they had a Power of Attorney for you, but you would have had to have given it to them and you would certainly know about it.

The bad news is that although they would need your signature to sell the property, if they are aware that you would not consent to a sale then they can force the sale of the property by making an application to Court. If your cannot demonstrate sufficient finance to receive a mortgage offer to buy them out and transfer the equity in to your name then the court would probably grant the order because they do not like people being exposed to mortgage liability where they do not wish to be.

Obviously, it would not be a quick process because the court must balance the need for a sale with each party getting a fair price for the property but eventually if there was a reasonable offer at market value made the court would make the order to sell the property.

However, if your parents are not minded to litigate with all the stress it causes then the situation would stay as it is now and they could not sell the property without your consent.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
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