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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10782
Experience:  Barrister 17 years experience
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Hi, I have recently discovered that 11 years ago, when my parents

Resolved Question:

Hi, I have recently discovered that 11 years ago, when my parents were looking at downsizing to a new home, were misled by my brother and sister into signing over ownership of my parents new home. My parents needed an extra small loan to purchase the new home and were told by my sibling that they were prepared to take on the small loan (£20k) instead but all my parents had to do was to sign a document to let them go ahead with this arrangement. It turns out my siblings took ownership, took on an interest only mortgage and used the sale on the old property to by rental property for themselves and even pay for a wedding for my brother. At the moment I have applied to the Land Registry for various documents but I do have the documents that clearly shows my brother and sister own the house and not my parents. My mum was taken to a solicitors by my siblings and told to sign so the could take on the loan but in reality they were taking her home without my mum knowing.
My parents are looking at making a will but they don't actually have anything to give away, it's not owned by my siblings after misleading my parents to sign over the deeds. Can you help please.
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.
Buachaill :

1. Firstly, you should ensure you have your facts correct before you take this any further, as there are serious civil and criminal consequences in this. So get the documents from the Land Registry which determine in whose ownership is the new house which was purchased 11 years ago. Be aware that a solicitor would have been involved, so the possibility of your parents being duped is small. Secondly, assuming a fraud took place, the transfer over to your brother and sister can be set aside by your parents on the basis of fraud, should they so wish. So ultimately, this matter can be resolved in favour of your parents to their satisfaction. Effectively, the rental properties which are the proceeds of the fraud, can be seized by your parents as part of any claim that they make. It is not just the house with the interest only mortgage which will be available to your parents, but all property purchased with the proceeds can be traced into and the money followed. Thirdly, I would advise your parents to not make a will until such times as your enquiries are completed. Finally, be aware that fraud is a criminal offence as well as a civil wrong. Not only can your siblings be sued for this occurrence, but they can also be criminally prosecuted by the CPS for what they have done.

Customer:

Hi Buachaill, thank you for your help. I already have the Title document on the new property and that is now in my brother and sisters name. I have requested an OC2 government form as this will have information on who the solicitor was and who the mortgage is with. What other facts should I gather? My mum was the only person who had her name on the old deeds as it was the family home left to her by her father and his father before. She wasn't told the truth what was happening and is 100% sure she was told that she would have the property back in her name only after 5 years (from the supposed small loan my siblings had made up).

Buachaill :

2. From what you say there is clear evidence of some wrong having occurred. Accordingly, you should get your parents to hire a solicitor and get proceedings issued against your brother and sister. They should first be given a chance to rectify matters without legal proceedings. IN this regard the solicitor should write a letter before action calling upon your brother and sister to transfer over the properties bought. If this doesn't happen, then the solicitor should get a barrister to draft legal proceedings to rectify the situation.

Customer:

Ok that sounds fair. I will continue to gather as many facts a possible and then confront the two about what they've done. Thank you for your help.

Buachaill :

3. You are welcome. Please RATE the Answer.

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