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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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I NEED TO SELL MY HOUSE TO REPAY THE MORTGAGE. THE MORTGAGE

Customer Question

I NEED TO SELL MY HOUSE TO REPAY THE MORTGAGE. THE MORTGAGE WAS IN MY NAME AND MY MUM'S. MUM AT 85 WAS ASKED BY THE MORTGAGE COMPANY TO SIGN A FORM SAYING SHE NO LONGER HAD FINANCIAL INTEREST IN THE PROPERTY BUT HER NAME ISXXXXX DEEDS. MUM HAS DEMENTIA AND IS IN A CARE HOME. SHE DOES NOT KNOW WHO I AM ANY MORE. NO POWER OF ATTORNEY WAS OBTAINED DUE TO THE RAPID ON SET OF HER ILLNESS. CAN I SELL THE PROPERTY WITHOUT HER OR DO I NEED TO HAVE HER NAME TAKEN OF THE DEEDS IF SO HOW?
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello I am a a lawyer with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Is your mother registered as one of the owners of the property at the land registry as well as being a party to the mortgage. Did your mother sign the form and have you got a copy of it. Do you have any siblings and what is their attitude to this?

JACUSTOMER-0kmjycv0- :

Mum is a registered owner and I will have to find the paperwork. My sister died in 1989 so there is only myself.

LondonlawyerJ :

OK thankyou for that I will answer you later today. I am working solicitor and have a number of meetings today but I will answer you later.

JACUSTOMER-0kmjycv0- :

I was asked one question then expert going into meetings. No time given thank you but will find someone else.

JACUSTOMER-0kmjycv0- :

Please confirm that my deposit will be refunded.

JACUSTOMER-0kmjycv0- :

Can I please have acknowledgement?

LondonlawyerJ :

I apologise for the delay. This is not a call centre style service. The advisers on this site are real lawyers who obviously have other commitments as I did for most of this morning. Your question was not marked as being of high urgency

You will need to make an application to the court of protection, a Deputy will need to be appointed. In addition another person will need to be appointed as a trustee to facilitate the sale. The link below should be of assistance to you

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cop-gn2-eng.pdf

People do sometimes go through these procedures without legal representation but it is a somewhat technical area and you might do well to consider instructing a solicitor on the orthodox way to assist you with this. If you follow this link http://www.lawsociety.org.uk/find-a-solicitor/

You will be able to find solicitors in your area specialising in trust law and residential conveyancing.

JACUSTOMER-0kmjycv0- :

I realise not a call centre but I did expect a better response even though it was medium question. Why respond if you only had 5 minutes. It would have been better if you said right at the very beginning of your opening response that your time was very limited so that I could have decided whether or not to continue. I am not happy and would like my money back. I must sign off now. Could you please confirm to my email address [email protected]. I have now decided to go with Which.

LondonlawyerJ :

I am not able to email you under the rules of this site. I am also not responsible for returning money to you. I would suggest that you take up that side of things with the admin team.