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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34283
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My daughter pays 45 percent of the mortgage. She split from

Resolved Question:

My daughter pays 45 percent of the mortgage. She split from her ex 3 months ago. Now he told her the house is in negative equity and told her to sign the house over to him. He told her lies about the value of the house. He showed old statements. This happened an hour ago under duress she signed the house over. Is the document legal and binding. This all happened in there house. They bought the house 7 years ago. Our daughter has always paid the mortgage. She insists she signed under duress. Her ex telling lies. What can she do.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
What document has she signed?
Clare
Customer: replied 3 years ago.
The house is worth at least £135 . The mortgage the balance left is £128. She put half the 7 thousand deposit. She says the document she signed says the house is now his.
Expert:  Clare replied 3 years ago.
Hi
Has she had the house valued and has she been released from the mortgage?
Clare
Customer: replied 3 years ago.
She has not had the house valued. Yes she has been released from the mortgage.
Expert:  Clare replied 3 years ago.
Hi
May I ask how the release was achieved - she must have signed a form some time ago regarding that?
Clare
Customer: replied 3 years ago.
She signed a form last night. She wanted to take it away and get advice but her ex fiancé kept telling her to sign the form. This all happened about 6pm last night in the debated property. Her bed told my daughter that I fact she owed her money. he showed her old mortgage statement from December 2012 last night. That is the first time my daughter has seen any documents regarding the mortgage.they paiid a deposit of£7250.00 this was in 2007. My daughter paid half of the deposit. I believe her ex boyfriend has lied as he pressured my daughter to sign the document immediately, she was not allowed to take the document away. I believe there is equity in the property and her ex is lying. Thank you Clare for your much needed advice. My daughter has also been giving her boyfriend money for him to buy shares in Barrat, she had a verb le agreement that she would get the monies paid Ito buy the shares.
Customer: replied 3 years ago.
Her ex gave my daughter a valuation of £144,950. Last night. Thank you Clare
Customer: replied 3 years ago.
Hi Clare I've just totaled mortgage payments fas her ex last night handed a 2011 mortgage statement. Payments total £27,872.28 have been paid off their joint statement. Her boyfriend has never given any documents related to the property until last night. The document were old as I said December 2011 was the date of the mortgage statement.. Thank you for your advice. Our daughter has had no legal advice.
Expert:  Clare replied 3 years ago.
Hi
Has she signed any other forms in the past and is the mortgage actually in joint names?
Clare
Customer: replied 3 years ago.
The mortgage was in joint names Clare and no other forms have been signed in the past except signing for the mortgage in 2007. Thank you
Expert:  Clare replied 3 years ago.
Hi
can she remember what the form she signed looked like - was it a form for the Mortgage Company?
Clare
Customer: replied 3 years ago.
It probably was.
Expert:  Clare replied 3 years ago.
Hi
In that case she has done nothing to worry about.
All she has done is sign a form to see if the Mortgage Company will release her from the mortgage - which would need to be done anyway!
In the mean time she should write to her ex and say that she is arranging for three valuation of the property so that they can use the middle one - and she should contact the mortgage company and ask then for a Redemption figure so that she can work out the financial position herself
I am not certain whether she is still living in the property or not - if not she does not need to pay the mortgage
Please ask if you need further details
Clare
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