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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience:  Over 5 years in practice
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I live in a semi detached property, my cousin leved in the

Customer Question

I live in a semi detached property, my cousin leved in the ajoining property and agreed we could shaire gardens and buils on her land. My cousin has walked away from the property and we have maintaned the morgage payments for eight years, she was in the house for less than two years. Following a family dispute my cousin isrefusing to discuss the property or even talk to me at all. i have stopped the monthly payments and now the building society are not happy.... Where do i stand legally, my cousin is saying just hand the keys back but we have spent hin excess of 100,000 pound on the property.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you saying that you spent £100,000 on your cousins adjoining property and you are not on the deeds or the mortgage?
Is the lender now looking at repossessing the property?
Could you explain your situation in a little more detail please if there is more to it than the above?
Customer: replied 2 years ago.

My cousin walked away leaving the property in a really unkept state after allowing tenants to wreck it. My property was suffering with damp problems from the ajoing property My husband is a builder and it was agreed with my cousin we would buy the property for the amount outstanding on the mortgage at the time of purchase. The front wall fell out of the property when my husband went to fit a new window, all the joists were rotton, Internally every wall had to be stripped back to bear brick, Water had acumillated underneath the property so footings had to be dug out and a great deal of damp proofing undertaken. We have currently stopped the work as i am not prepared to keep paying her mortgage when she is completely ignoring me. Is there any way i can have this morgage transfered into my name or is it just better to allow the property to be re-possessed, it is currently not habitable.

Expert:  Jo C. replied 2 years ago.
If the property is not in your name and there is nothing to be gained by continuing to pay the mortgage it would seem. If the property gets repossessed by the lender you may be able to buy it from the lender cheaply.
In fact, you may be able to buy it from the lender more cheaply than the outstanding mortgage although your cousin remains liable for the shortfall if there is one.
You actually have a claim against the cousin for the cost of any work that you will undertaken.
It is not possible to get the mortgage transferred from one person to the other unless your cousin consents to sell you the property as it is and then you would need a new mortgage.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Jo, i have met with my cousin who says if we get something drawn up with a solicitor that states my cousin will have no financial interest in the property and recognises i have made the mortgage payments she is happy to sign it.... Is this something that can be done???

Expert:  Jo C. replied 2 years ago.
Yes, there is no problem doing that and any property solicitor will be able to do that for you. If the mortgage is remaining on the property there will need to be various provisions with regard to the mortgage and payment of it but there is nothing unusual in what you are wanting. A solicitor will probably charge about £300 for doing the deed and registering at the land registry as a restriction for which there is an extra fee which depends upon the price of the property and is payable to the land registry.
Customer: replied 2 years ago.

Than you Jo

Regards Jenny

Expert:  Jo C. replied 2 years ago.
No problem.
All the best.
Customer: replied 1 year ago.

Hi Jo,

I sold out 51% of company shares to a best friend two years ago, due to the fact we were long term friends it was more or less a gentleman's agreement. we had the company valued at £750,000 at the time.

My friend agreed to pay £100,000 initially and the rest over the following three years with monthly payments.

My position was to not be involved with the day to day running of the business but be on hand to offer guidance and advise if required.

Sadly i was not consulted over a tendering process for a contract already held with the local authority and the company lost the contract due to tendering to high a rate for the care. ( the company is a care agency)

My friend and her partner liquidised the company and set up again continuing to run with the private care packages we currently held, many of the local authority care packages decided to stay with the company and became private clients. The company name was changed from Care Helpline Solihull LTd to Care Help Line West midlands limited.

i borrowed my friend ( the company back 30,000 to meet its PAYE demands with the promise from my friend i would get this back when the situation improved. ( this was before the liquidation)

My friend led me to believe i still owned 49% of CHL West Midlands LTD.

Within six months the Local authority fell into difficulties and offered the new company a contract at a lower rate than previous, My friend asked for my support to work in the company as a risk assessor and develop care plans, i worked relentlessly around 18 hrs a day 7 days a week to help build the company back up. i was told i would be employed and PAYE operated for any work i did for the company.

the money i was now receiving monthy was my wages i assumed, i manage to recruit and develop a good team. |On numerous occasions i requested access to the finances but was fobbed off one way or another by my Mrs Nugent (Director)

All of a sudden Mrs Nugent started emailing me saying she never wishes to speak to me again, blocked me from accessing the online care management system we work on for rostering and invoicing and has refused to discuss any of the issues with me. i am aware the finances have been miss managed and the company is owed a substancial amount of money. Mrs Nugent has imformed me the company owes a lot of money to HMRC (PAYE) she has stopped paying me what was agreed. Refused to allow me to continue in the job role i was doing and employed a new assistant manager.

I have checked on line and Mrs Nugent has set the company up with her as sole director with companies house. However Mrs Nugent did give me a share certificate some time ago.

Can you advise me if i have any rights ? Can Mrs Nugent just dimiss me in this manner with no adequate explanation ?

Seems i am getting done over by everyone i know...

Kind regards Jenny

Expert:  Jo C. replied 1 year ago.
I'm afraid you would need to ask another question about that as it is not my area.
Customer: replied 1 year ago.

thanks

Expert:  Jo C. replied 1 year ago.
No problem.
All the best.

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