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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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In 2007 my brother, 67 years old at the time, was given a remortgage

Customer Question

In 2007 my brother, 67 years old at the time, was given a remortgage of £620,000 on a property on which I had a legal charge. My signature on The Deed of Postponement that enabled this was forged with false witness. I have had this verified by a handwriting expert. I would like advice about what I should do.
Submitted: 4 years ago.
Category: Law
Expert:  Alex J. replied 4 years ago.
Hi,

Thank you for your question.

My name is XXXXX XXXXX I will assist you today.

How much are you owed under your charge?

Who do you believe forged the deed of postponement? Who is the false witness, is it some one you know or a professional?

Kind regards

AJ
Customer: replied 4 years ago.

The house in question was the home of my parents. My mother, still alive also had a charge on the property. When my father died my brother wished to take over the property. I was eventually supposed to receive an equal share to my brother. The house was sold last year for £750,000. It was originally on the market for £850,000. My brother received the £ 620,000 from the bank, but because of his debts, mortgage arrears and fees I have not received anything and very little has gone to my mother. I believe my brother forged the signatures. I do not know and had never met the witness for my signature. The witness for my mother's signature is the daughter of my brother's partner.

Expert:  Alex J. replied 4 years ago.
Hi,

Thank you.

I am afraid this is just fraud plain and simple. You should not really be concerning yourself with solicitor but reporting the matter to the police.

Did your brother remortgage it without your permission?

Kind regards

AJ
Customer: replied 4 years ago.

I have been to the Police, they do not deal with these matters now and referred me to Action Fraud. I gave details to them and was told that if I was not contacted further they would not be taking up the case. I have not been contacted. The remortgage was without my permission.

Expert:  Alex J. replied 4 years ago.
Hi,

Thank you.

Does your brother have any assets? Has he used the money to buy other property etc?

Kind regards

AJ