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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10459
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I live in the UK (Wales). My partner

Resolved Question:

Hi, my name is Alison & I live in the UK (Wales). My partner recently passed away but our house 'land registry' had only been documented in his name. There is a substantial amount of money left owing to the finance company who were at the auction at time of purchase, I believe that the property was paid for in full, with the loan obviously, & they now have 1st charge. It was nearly 3mnths until the inquest, so it took a long time for there to be a death certificate, & obviously they would like peying. However, half of the property was paid for. Do the finance company hold power over the land registry entry & ownership of the property. Can they re-sell with out my consent, do I have to pay them now or can they wait say 2yrs so I can do some work on the property then sell & give them there money?
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.
Hi Alison and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
I am sorry to hear of your loss.
You should check the terms of the mortgage to see what it says about payment in the event of death. Often, interest and payments will be frozen until the grant of representation is obtained.
The general rule is that the debt is payable out of the sale proceeds of the property which is mortgaged, and hence the finance company may insist on you selling the property now.
Although you are not legally bound to pay the monthly mortgage payments, it may be possible to renegotiate the terms of the mortgage.
They may be happy to accept the monthly payments from you or if you qualify financially, may agree to transfer the Mortgage into your name, meaning that you are free to keep the property until such time as you wish to sell it.
If the above is not possible and you are not in a position to pay the monthly mortgage payments, the Company would have a right under the terms of the Mortgage, to repossess the property. If this is the case, the only option for you would be to sell the property yourself, before it got to the stage of them issuing Court proceedings to repossess. (They are normally entitled to issue such proceedings if there are 2 or more monthly mortgage payments outstanding).
I therefor suggest that you speak to them as soon as possible to see if an agreement can be reached.
I hope this assists and sets out the legal position to you.
Kind Regards
Al
Customer: replied 1 year ago.
Thank-you for your email. The finance was not through a bank, but rather a'short-term finance' company called Auction Finance. I have been fínding 8t very difficult to receive any details about the loan because firstly he was in hospital for a month, in an induced coma & with the inquest being two & a half months later, there was no death certificate or proof that he had passed away for quite a long period of time. Secondly because the loan was in his name they are ,'not able to divulge' any details. If I were to pay of the loan, would things such as the titles of land registry & home ownership automaticly be allowed to change, or would Auction Finance have to agree & shou!dnt they then allow me to know all termds & conditions? Also if I were to pay them without changing any loan details, woild they become landlords as such, & therefote responsible for repairs & the state of the property, it requires some work!!!?
Expert:  Aston Lawyer replied 1 year ago.
Hi Alison,
Thanks for your reply.
As the property was in your partner's sole name, the property passes in accordance with his Will or to his next of kin. Either way, to enable the Deeds to be changed,the Executor of his Will needs to apply for the Grant of Probate, or his next of kin will need to apply for the Grant of Letters of Administration. These Grants are obtained from the local Probate Registry and is evidence to the Land Registry and the Banks etc, that the person who has obtained the Grant is entitled to deal with the Estate.
Therefore, once the Grant has been obtained, Auction Finance could be sent a copy and this would be evidence that the person who obtained the Grant has the right to ask for such information as is needed concerning the loan.
If you were to pay off the loan in full, Auction Finance are under a duty to remove the Charge from the Land Registry Deeds and they would then have no further interest in the property, and therefore have no power over the property whatsoever. So, provided the loan is paid off in full, you needn't worry about Auction Finance at all.
However, the Deeds would then also need to be formally changed into the name of the party who has inherited the property. A local Solicitor will need to be instructed to deal with this paperwork.
I hope this helps.
Kind Regards
Al
Expert:  Aston Lawyer replied 1 year ago.
Hi Alison,
Can I assist you any further?
If not, I would be grateful if you could rate my answer.
Kind Regards
Al
Customer: replied 1 year ago.
Our money was jointly invested,in fact he had borrowedmore money & had new debt(with me). There was no up todate will but he has a son. I am hardly going to finish paying for my home tn then be told I am not entitled to live in it or that half of it isnt my daughters. Do I not have any say in my home legaly? I should think bank over draughts & credit cards have to get paid of first?
Expert:  Aston Lawyer replied 1 year ago.
Hi Alison,
If your partner did not leave the property to you in his Will, you do need to take urgent legal advice from a local Probate Solicitor as you may have a claim against his Estate under the Inheritance (Provision for Family and Depenedents) Act 1975. This Act allows a party to make a claim where reasonable financial provision has not been left for them. Although it is impossible for me to give you an exact answer as to what you would be entitled to claim, the COurt can, for example make an Order that the property be transferred to you or give you the right to remain living there for the rest of your life. The Court looks at all the individual circumstances in each case when making its decision.
As regards ***** ***** other debts, these do need to paid first of all from any other assets he may have held, but as the loan Company has a Charge over the property, they are entitled to "reclaim" their money by repossessing the property if the loan can not be repaid by other means.
I hope I have assisted you in answering your original question.
If so, I would be grateful if you could rate my answer.
Kind Regards
Al
Aston Lawyer and 4 other Law Specialists are ready to help you
Expert:  Aston Lawyer replied 1 year ago.
Hi,
Can I assist you any further?
Kind Regards
Al
Customer: replied 1 year ago.
I have rated your answer, it was very good thank you.
If a receiver were to be involved as a third party in terms of discussing the loan details (I have now been told) can they have me signs ctenancy agreement saying I have to sign that to stay living in the property at present? Would this then make them responsible for repairs eg broken door/window, faulty shower & would it not be a way of legally evicting me with two months notice?

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