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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34288
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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our mother and father have both died recently and we

Resolved Question:

our mother and father have both died recently and we ,my sister and I,both still live in the family home which has half a mortgage left to pay . We fully intend to sell but just need time we can pay the mortgage but do we have rights ? I only ask as we have been given a month to put it on the market. Thanks, Christian.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.

Thank you question.
My name is ***** ***** I am sorry losses
I will do my best to help you but I need some further information first.
Who has the property been left to and who has asked you to sell the property?
How much is it worth and how much is outstanding on the mortgage?
What is the value of the rest if the estate
Clare
Customer: replied 2 years ago.

, sorry I've been at work. As far as i'm aware the property has been left to me, my brother and my sister. The mortgage company has asked to sell the property. I would estimate the property is worth about £470,000 and has £260,000 left on the mortgage.As probate has only just come through i can only guess the estate is worth about £20,000.Like I say we know we have to sell but would just like some breathing room during which we can pay the mortgage as normal and do some renovations ultimatly increasing the value of the house. Hope this helps . Many thanks Christian.

Expert:  Clare replied 2 years ago.

Could you and your sister remortgage the property?
Clare
Customer: replied 2 years ago.

Unfortunately no. We don't earn enough money.

Expert:  Clare replied 2 years ago.

Who are the Executors of the estates?
Clare
Customer: replied 2 years ago.

It's my aunt and uncle. My dads brother and sister.

Expert:  Clare replied 2 years ago.

Have they obtained probate yet?
Clare
Customer: replied 2 years ago.

Yes its just come through recently.

Expert:  Clare replied 2 years ago.

My apologies you had said that.
Does your other sibling agree that there should be a delay?
Clare
Customer: replied 2 years ago.
Yes definitely, we've got so much stuff to go through and have also inherited three dogs . We're all on the same page and just want a bit of breathing room so we can do things properly with a little less stress.
Expert:  Clare replied 2 years ago.

What have the executors actually been told by the mortgage company?
Clare
Customer: replied 2 years ago.
well as far as I know my uncle has been dealing with them and they gave six months as an initial timeline full house sale as soon as my dad died in November. Then they wouldn't accept any mortgage payment until probate came through. So we've been waiting and now it's arrived they want proof the house is on the market by the first of March. I've tried to speak to them myself but they won't share any information as I'm not an executor of the will. Myself and my siblings are the sole beneficiaries. My uncle is not someone I know very well and he also lives a good distance from us making contact difficult. All we want is the six months to start from the time probate came through as we've been in limbo prior to that. Hope this helps.
Expert:  Clare replied 2 years ago.

- no payments have been made since last November?
Clare
Customer: replied 2 years ago.
No Not that I know of but that's only because they refused payment. We have enough money to pay and I'm hoping that my uncle has or will be paying what we owe as the probate has come through.
Expert:  Clare replied 2 years ago.

The Mortgage Company are entitled to call in the mortgage given that both the borrowers are now deceased - although it is unusual to actually refuse to accept payments during this period - indeed I have never heard of that happening before
This makes me wonder if your Uncle has in fact misunderstood the situation
It could be worth making the effort to have a face to face meeting with him to discuss the options available given that the three of you are the only beneficiaries
Obviously there is a big difference between marketing the property (at a price which could be on th ehigh side) and actually selling it and it is possible that this tactic could be used as a method of giving you the breathing space that you need
Please ask if you need further details
Clare
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