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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I have lived in a property since 1993 i paid rebuild

Customer Question

hi i have lived in a property since 1993 i paid for the rebuild of this cottage £250000 thousand in the grounds of my mother and father in law as my husband died my son i lived at this property ,we did not feel the need to put this arrangement in righting as to protect me if i remarried and some one trying to claim half ,i did re marry which was a short marriage and also had a daughter as the property was not in my name there were no complications I've have now been through the High court in Birmingham 4 times as my mother and father in-law remortgaged the property as a hole including my cottage which i wasn't aware of until i received a repression order , I've never signed a deed of consent the banks did send my mother and father in law a remortgage which they both signed but the section i was meant to sign was never signed as I've never see this paper work until recently .i also had to declare my self bankrupt 2 years ago ,i still put that the cottage was not in my name as it had never needed it to be as to protect me from losing the property I've had a mediation with the banks to try and resolve this ,put they are now taking me to court again 15 september to get a repression` order even though they have no doubt i put the money in to the cottage all those years ago as I've the bank statements to prove it . can they through me out of my home like this as I've not signed any deed of consent Thanks if you could get back to me asap that would be great as I'm out of idears Thanks Maxine Turner
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
For clarity - when you were made bankrupt you did not declare your interest in the property?
How much is your house worth?
Clare
Customer: replied 1 year ago.

Hi my bankruptcy was in December 10 2013 the house i paid for the rebuild of was in my in laws garden ,as the property was always done as a verbal agreement it was never put into my name to protect me ,from anyone putting a clam on my home through marriage which in fact did happen but my ex partner had no clam on the property i also had a daughter with him , so i had no need to declare my house as my property when i went Bankrupt ,I'm now looking for a case law thats backs up a verbal agreement as I've 2 witness statements for court in September including my mother in law ,Ive never signed a deed of consent form for my property to be remortgaged but my mother in law and father in law have remortgaged the property as a hole including my property with out my permission ,I've the bank statement to prove the moneys where paid for the rebuild .the house has just been valued at £600,000 I'm on trail in September so if you have any ideas i wold be great full. Thanks Maxine Turner

Customer: replied 1 year ago.

Hi my bankruptcy was in December 10 2013 the house i paid for the rebuild of was in my in laws garden ,as the property was always done as a verbal agreement it was never put into my name to protect me ,from anyone putting a clam on my home through marriage which in fact did happen but my ex partner had no clam on the property i also had a daughter with him , so i had no need to declare my house as my property when i went Bankrupt ,I'm now looking for a case law thats backs up a verbal agreement as I've 2 witness statements for court in September including my mother in law ,Ive never signed a deed of consent form for my property to be remortgaged but my mother in law and father in law have remortgaged the property as a hole including my property with out my permission ,I've the bank statement to prove the moneys where paid for the rebuild .the house has just been valued at £600,000 I'm on trail in September so if you have any ideas i wold be great full. Thanks Maxine Turner

Expert:  Clare replied 1 year ago.
Hi
When was the remortgage?
Clare
Customer: replied 1 year ago.

Hi the first mortgage was taken out in 2002 with Coutts bank the mortgage was then taken over by allied irish bank which is whom I'm fighting ,that was taken out in September 23 2005 and another remortgage in 2007 8 th February I've the remortgage documents on which there is a deed of consent to be signed by me ,which has not been signed on both forms as at the time i spent my time between 2 homes the cottage in Etwall and Barbados i had a daughter in school in Barbados a son at boarding school up the road ,as he came home to Etwall most week ends as his grandma would collect him I've had a family solicited saying he vaguely remembers me signing a deed of consent but i have no recollection of this also bank have no such document as they've searched .also the property remortgaged was 82 Etwall lawns and my address is*****put they where on the same land dead but I've now separated the properties through the land register , AIB are abbusing the court prose as they no I'm Bankrupt and keep dragging me through court as i now have to defend my self as I'm out of money they acted very under handed by constant emails try to by my bankruptcy back ,which i managed to by back my self ,as i had to borrow money of family ,the last straw was the mediation in Birmingham which cost seven thousand for the day and it was a tick box exercise for the banks as they have endless pot of money and made no attempt to mediate my only offer was see you in high court for trail 15 th September and to make myself and my daughter homeless ,which is extremely strees full and effecting my health .Maxine

Expert:  Clare replied 1 year ago.
Hi
What evidence is there that the bank were or should have been aware of your existence?
Clare
Customer: replied 1 year ago.

Hi all bills in my name ,council tax ect I've lived in this property since 1993 apart from when i was in Barbados at a home i also had there , are there any laws on a family mutual agreement , i have to witnesses, also can i put a complaint in on how the AIB banks have treated me ,Thanks Maxine

Customer: replied 1 year ago.

Hi could you get back to me as I've not long before I have to put my last witness statements in thanks

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