Was your mother of full mental capacity at the time and is she now?
Who took her to the solicitors?
Did you know the solicitor or was the solicitor known to the brother?
Is there any correspondence about this?
Has your mother’s broken to the solicitor about it?
Has the property been transferred to your brother or your mother’s brother?
Why has this only cropped up now?
Is whichever brother this is now refusing to transfer the property back?
The fine detail as to how this happened would be useful please. Best wishes
You can obtain the title deeds from the Land Registry via this link. The cost is 3 pounds. https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/you will then see whether your mother owns any part of the property or not and when it was transferred into your brother’s name.
If your brother won’t let you have any details of this, you can make an application to court for a Pre-action Disclosure order to make your brother give you details of the transaction. The solicitor may not have the file after more than 6 years but it is worthwhile asking. That request must come from your mother. If the solicitor refuses to release the file because he says that he was acting for your brother it would be most strange if he was transferring the property from your mother to your brother because then, he would be acting for your mother not your brother. So ask the solicitor for the file. You don’t need to say why. If he refuses friendly reason you can make a formal complaint to the Legal Ombudsman and the Solicitors Regulation Authority and if you wish, you can apply to court for a court order called a Norwich Pharmacal order (after a court case of the same name) for a third party (the solicitor) to release the file to you.
If the solicitor says that he has destroyed the file because he only needs to keep it for 6 years, there is nothing that anyone can do to recover a destroyed file.
You would then be faced are bringing litigation against your brother to have the transfer overturned on the basis that your mother although a full mental capacity at the time of the transfer, was stricken with grief and hence, did not know what she was doing and/or was misled by your brother. The very fact that your brother refuses to let you have any details of this is remarkably suspicious.
If you don’t have experience of dealing with this you might want to get the solicitor to write to your brother threatening all of the above.
Can I clarify anything for you?
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There is nothing to stop you contacting the bank but they may think that it’s just sour grapes. By all means tell your brother what you are going to do if he doesn’t start to be more open with things.
With regard to social services, there is no set period for a transferred to have been done after which the house is safe from the local authority clutches in respect of payment for care. That would be your brother’s problem and if he has remortgaged, and the local authority want the lion share of the house, it could be problematical for him.
With the Lasting Power of Attorney you have the ability to resolve the issue but you are not under a duty to do so. Indeed, at present, if your mother does not want to do anything about this, you have to respect her wishes.