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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30620
Experience:  Over 5 years in practice
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Customer Question

Please can someone advise on a suitable defence that I can use against a forced property sale that is listed within a simple declaration of trust of which I am trustee, being forced by beneficiaries, maliciously I might add. The properties in question were originally purchased by me under a sale and rent back agreement and the time I promised these individuals within their offer letter has not arrived yet? If I am forced how may I remove myself from the trust and the responsibilities of the mortgages that are in my name.
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

I have to attend a Part 8 claim where they are seeking to force the sale of properties of which I am trustee under a declaration of trust. I need a defence to try and halt as the properties were originally purchased by me under sale and rent back of which in the offer letter I promised the home owners the ability to rent their homes back for a minimum of 10 years of which only 7 have have passed. I believe this forces me into a breach of contract with these original home owners.

If I fail I then wish to know the practice for resigning as trustee and to remove myself from the mortgage responsibilites, no matter how extreme.

Expert:  Stuart J replied 3 years ago.

we have the complete mechanics of the trust and the complete mechanics of your
purchase and the complete mechanics of the current proposed sale please?

name is XXXXX XXXXX in? Who lives in the property? Do they pay rent?

are they wanting to force a sale? A sale by who to who?


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