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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33817
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a complicated situation with a residential house

Customer Question

HI
I have a complicated situation with a residential house onwership.
My brother lives in a property owned by me under a mortgage. However he fraudalently acquired a mortgage under my name when he was going through a bankruptcy to protect his home. I was not aware until later. Initially I was very annoyed but accepted the situation to help with my brothers financial situation so that he does not lose his home.
However I am guilty in gullibly remortgaging to release equity and help my brother further with an understanding that he will repurchase the property very soon and release me from all liabilities.
He has kept his promise and have been trying to apply for mortgage but has to date failed due to stringent lending criteria
I am now really impatient and wish to sell the house or ideally transfer the existing mortgage if I am transparant and open with my loan provider.
I would really appreciate if someone can advise me on my legal standpoint
Kind Regards
robbani
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the property worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

Hi clare

The property is worth approx £145k mortgage outstanding £133

Kind regards

Robbani

Expert:  Clare replied 2 years ago.
HI
For clarity - yours is the only name on the Title deeds?
Clare
Customer: replied 2 years ago.

Yes that's correct

Expert:  Clare replied 2 years ago.
Hi
Your mortgage provider is not able to simply transfer the mortgage to your brother.
If your brother cannot raise a mortgage himself then the only basis on which you can be released is through the sale of the property.
I suggest that you give your brother four weeks written notice that if he is not able to obtain your release from the mortgage then the house will have to be sold.
You can point out that he has no legal right to remain in the property and that you are giving him a total of eight weeks to move out at the end of which time you will change the locks so that you can deal with the sale of the property.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi

Will I require a court order if my brother fails to leave? Before changing of locks?

Expert:  Clare replied 2 years ago.
Hi
Since he is not a tenant he is there as a bare licensee- at your invitation only, so no
Clare
Customer: replied 2 years ago.

HI Clare

Thanks for the advice

just one final query. As I am currently in breach with the loan provider by not residing at the property as it is a residential mortgage. What would the consequence in the event of the loan provider finding out. Will they apply a charging order to sell the house? If so will they give me sufficient time to sell in light of my situation?

Expert:  Clare replied 2 years ago.
Hi
The most likely outcome would be an increase in the Interest rate and potentially notice to sell the property (but the second is less likely)
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33817
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

HI Clare

What about protection from the eviction act 1977 ? where its an offence for any person to unlawfully deprive a residential occupier. what if my brother resists from leaving?

Expert:  Clare replied 2 years ago.
Hi
He is a bare licensee and not a tenant.
In addition of course there is the fact that he committed fraud.
If you would feel happier applying to the court then there is no reason not to do so - although the lack of a of a Tenancy agreement will complicate matters
However the process is here
https://www.gov.uk/possession-claim-online-recover-property
and yes if you think your brother will indeed make difficulties despite the unusual circumstances it would be wise to do so
Clare

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