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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10550
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My aunt passed away 21.2.16 I obtained letter of

Resolved Question:

My aunt passed away 21.2.16 I obtained letter of administration and advised mortgage company. My uncle disappeared literally in the late 1980s and in 1996 my aunt was granted a divorce as he could not be traced. Most of the property apart from a small strip at the front of the property was signed over to my aunt but the mortgage remained in both their names. She was contacted several years ago by a solicitor to advise he had passed away but she informed him they were divorced and that was the end of the call she has no names or telephone numbers. The mortgage people are now saying if I cant tell them where he was living and where he passed away together with his birth details there isn't anything they can do - I am stuck as I need to sell her property - can you give me any advise please
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi Jackie,

Thanks for your enquiry.

I don't see why the Mortgage Company require the details they have asked for, as upon the sale of the property, the mortgage would be paid off by your Solicitor?

I'm not sure therefore if the query is concerning the strip of land at the front?

If you could please clarify. When answering could you also confirm if they held the land at the front as Joint Tenants or Tenants in common?

Thanks

Al

Customer: replied 1 year ago.
They say the mortgage is against both the strip of front garden and the rest of the property but they say they need to confirm my uncles death before they can do anything else as the mortgage is a joint one I am at a total loss. Can I pay off the mortgage before the property is sold being I have a letter of administration to deal with the finances of my aunts estate
Customer: replied 1 year ago.
they mentioned something about tenants in common but I do not understand what that means
Expert:  Aston Lawyer replied 1 year ago.

Hi,

You can certainly pay off the Mortgage before the sale completes, and if you do, the Mortgage Company shouldn't need any info from you concerning your Uncle.

However, if you do need his details 9which you shouldn't, you can try and obtain a copy of his death certificate using the following link-

https://www.gov.uk/order-copy-birth-death-marriage-certificate

Kind Regards

Al

Customer: replied 1 year ago.
Ok thank you I will see what they say however to obtain a death certificate I need to know where he was living when he died unfortunately I do not know anything about my uncle as he disappeared from the family home in the late 1980s thank you for you assistance
Expert:  Aston Lawyer replied 1 year ago.

Hi, there are Companies/tracing agents on the internet who should be able to locate the death certificate, but you would of course have to pay for this service.

Good luck.

If I have assisted, I would be grateful if you could rate my answer.

Kind Regards

Al

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