Hello my name is ***** ***** I will help you.
When was the agreement under 'duress' signed please?
If that is the case why has it not been challenged sooner?
Did they realise it was a document to put a charge on a second property?
There are several issues you have with this:1) Duress usually only applies to criminal matters where it is a defence. But even then its only a defence if someone does something if a threat of harm has been made
2) In contract law duress involves illegitimate threats. The common law long allowed a claim if duress was of a physical nature. I assume you are not saying this was the case here? No physical threats
3) Time elapsed is quite long. If duress was going to be claimed, it would be expected to be sooner rather than later. 4 years seems to be quite a long time
Finally a Court will consider did they know what they were agreeing to? If the answer is yes a Court is unlikely to consider this. It may be that financially they had no choice, but the Court is not concerned with that.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?Alex
Yes I assumed that is what you meant! I am sorry its not better news.
If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex