How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Buachaill Your Own Question

Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10268
Experience:  Barrister 17 years experience
53108719
Type Your Law Question Here...
Buachaill is online now

I purchased a house outright son and s wife. I am in affect

Resolved Question:

Hello. I purchased a house outright for my son and his wife. I am in affect the mortgage provider. They are paying me back an agreed amount every month. At the time I didn't realise that they had put their names only on the deeds to the property. (My mistake). They are now in the process of a divorce. My daughter in law is living in the house at the moment and my son is continuing to make the payments. I've looked at a copy of the property register for the house and under the title of Lender. It states none. But surely I am the lender and should be named in this part. Does this affect the legality of the document
Kind regards
Karen
Submitted: 6 months ago.
Category: Law
Expert:  Buachaill replied 6 months ago.

1. At the outset, the fact that the mortgage is not registered on the Folio does not affect the legality of the document which evidences the loan agreement. However, you should have registered the mortgage as a burden on the Folio in the Land Registry. In this way, any purchaser will then know there is a mortgage to be discharged before they get good title and the purchaser will ensure that your loan is paid off before they hand over all the monies to your son or daughter in law if they are selling. So, at this juncture, you should seek to register the loan as a burden on the Folio in the Land Registry. There is a double need to do this if it is solely your daughter in law who is living in the house on her own. In that situation a purchaser will believe that only your daughter in law and your son need to be paid. So, the sooner you register a burden on the Folio the better.

Expert:  Buachaill replied 6 months ago.

2. Be aware that you will need the assent of both your son and your daughter in law to register your loan as a burden on the Folio in the Land Registry. However, if this assent is not forthcoming from one of them, then you can go to the Land Registry with the loan document and get it registered as a burden on the Folio. I would also suggest you get a solicitor to help you with . the Land Registry if the assent to registration is not forthcoming from either your son or your daughter in law, as a little experience in dealing with these matters is vital in order to do it properly.

Expert:  Buachaill replied 6 months ago.

3. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10268
Experience: Barrister 17 years experience
Buachaill and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice