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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 33007
Experience:  Over 25 years experience in law
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My father transfered ownership of his house so that i could

Customer Question

My father transfered ownership of his house so that i could get a remortgage.He died four years ago and my mother lives in the house.
My mother insists that the house be transfered into her name.I cant do this as i have a large mortage on it.
She is now taking me to court.
I would like to know what my options are?
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
why was it transferred and why is she taking you to court?
Customer: replied 1 year ago.
Thanks for comming back to me.
Our Ltd Construction co took a massive hit some 8 years ago.We had also purchased a house which we have a large mortgage on.Our company went into receivership and my father offered to transfer his house into my name in order that we may raise some finance to complete the build.The only condition was that he and Mum would remain in there house un emcumered for the rest of there days.
My father died four years ago and the house wasnt mentioned again untill about four months ago when my mum asked why the house was in my name and not hers.Its like she just forgot what was agreed.As she is getting on in years I thought maybe some memory loss had taken place.Apparently she,s been checked and that is not the case.She has now instructed a solicitor to instigate legal proceedings to get the house put into her name.We have the balance of £200k in mortgage against the property so we Cant simply put it into her name??
I trust that this gives you ienough info, thanks
Expert:  Thomas Judge replied 1 year ago.
Did your mother sign anything at the time of the transfer or have legal advice?
Customer: replied 1 year ago.
No -my solicitor requested that my father sign a deed of transfer as I remember but said that as my mother was not on the deeds or ever had a mortgage with my father that it was un necessary for her to sign anything.?
Obviously at the time some 8 years ago,my fathers was it good health albeit retired and the question didn,t come up about my mothers involvement..
Expert:  Thomas Judge replied 1 year ago.
It certainly appears from what you have written that your mother has a claim - she should have been informed of what was going on (and in writing) when the property was transferred to you - she should also have got independent legal advice at the time. As such I would recommend that you try to mediate a resolution to this case rather than go down the route of legal proceedings. Happy to discuss. Please rate positive.
Customer: replied 1 year ago.
I see.This wasn,t made clear to any parties at the time or else we would have done so.
It would appear from your answer that this was conducted unlawfully.
I assume the solicitor at the time who arranged all of this should have carried out these duties.
Unfortunately,it would appear that particular firm are no longer traded for me to seek redress.
Is it possible to transfer the property into my mothers name even though I have a mortage on it?
Expert:  Thomas Judge replied 1 year ago.
It is unlikely to be possible to transfer the property to your mother where there is a mortgage. The solicitor would have had insurance and you should contact the SRA who will have details of the insurance if this is an issue. Please rate positive.
Customer: replied 1 year ago.
Does this insurance come into play if the firm who carried out the transfer have not done so legally and if so what is the insurance for?
Expert:  Thomas Judge replied 1 year ago.
If there is negligence then the insurance would potentially apply - that is the purpose of the insurance. Please rate
Customer: replied 1 year ago.
So to be clear-what would the insurance be for-legal fees to run the case or to redeem the mortage in order that the property re-titled?
Expert:  Thomas Judge replied 1 year ago.
If the solicitor has been negligent then the solicitor (although no longer in business) would have had insurance in place at the time. So if he was negligent then you could bring a claim against him. I hope that this helps. Please rate positive.
Customer: replied 1 year ago.
Do you mean we can bring a claim against him for the mortage sum?
Expert:  Thomas Judge replied 1 year ago.
If your mother's case is that she was not advised and you asked the solicitor to deal with everything and he failed to do this or advise that she needed to be advised then you may have a claim against the solicitor.
Thomas Judge and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Thomas.
I,m not sure how making a claim against my solicitor for transfering the property unlawfully is going to change the circumstances between my Mother and I.
I will still have a large mortgage against a property that my mother lives in that she wants to take me to court for?
Expert:  Thomas Judge replied 1 year ago.
I think that you should still consider mediation to try and resolve the dispute with your mother
Customer: replied 1 year ago.
The issue is the only mediation my mother will accept is that the house be transfered into her name unencumbered by a mortgage.
So this leaves no where to manouver.
I must admit,i am a bit baffled that even though my father transfered the house in good faith and with full knowledge of the reason behind it,that my mother has a claim.
She has lived there since the transfer was made(8 years ago) and hasn,t brought the subject up untill recently.
We were holidaying together this time last year.
If this was to go to court,could you advise me of a worst case scenario please?
Expert:  Thomas Judge replied 1 year ago.

It will all rather depend on what your mother knew at the time. You really need to see solicitors and let them have a look at all of the papers so that they can properly take you through all of your options