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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I would like to speak to a solicitor who has had dealings

Resolved Question:

I would like to speak to a solicitor who has had dealings with 'Deeds of Trust' with regards ***** ***** son in laws & daughters purchase of their house 11years ago and documents have only been produced in the last 6 months.
Regards *****
Submitted: 8 months ago.
Category: Law
Expert:  Clare replied 8 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What is the position and what would you like to know?

Customer: replied 8 months ago.
My son in law took on a mortgage for £90,000.00 originally with a deposit from his mother of £30,000.00 which he was told was a gift to him, this was all arranged thro' a mortgage broker in Haverhill. At that time he and my daughter were courting, so she was not involved in the purchase. This was in 2005, since then they have married and got two children 10 & 6 years old and have remortgage the house up to approx. £130,000.00 about 5 years ago, thro' the same mortgage broker. My son in law works in a factory assembling furniture and my daughter is a Health Carer in a Hospital and a mother, so their wages are low. About 6 months ago, my son in law was asked to pay back the gift? of £30 k, after some discussion the "Deed of
Customer: replied 8 months ago.
Trust " was produced with their signatures as mortgagee and witnessed by my daughter. They were shocked to say the least as neither of them had ever seen this document or had the opportunity to discuss this matter with a solicitor before signing the document at the time of the purchase, there is no documentation in existence from the original solicitor, who has now gone in liquidation, acknowledging the documents were ever sent to my son in law and daughter nor any acknowledgement when the original solicitor received the signed documents back. Since all this situation started, they have had to endured lots of pressure from my son in laws mother and solicitors pressure demanding payment. In my opinion there has been some malpractice on behalf of the original solicitor, mortgage broker and my son in laws mother, who originally gave the £30 k as a gift.
The Deed of Trust not only asks for the £30k back but also has provisos of 50% of any profit made from the sale should they need to sell the property to pay back the gift? £30k. The house is only worth £160.000 and there mortgage is still £130k so if they had to sell to pay this "D of T" and the provisos of any profit made, it would leave them still in debt and homeless.! There must be some way to get this "D of T" rescinded and the impact it is having on this family with the worry reduced some how.
The "D of T" has been registered with the land registry dept. following letters from the new solicitors and my son in laws mother pushing for repayment of the £30k + gift.
Expert:  Clare replied 7 months ago.

My apologies for the delay I have been offline unexpectedly

To be absolutely clear

Your daughter and her husband are sure that they never saw let alone signed this document so it must be a forgery?

If not what does the Deed say about when the money has to be repaid?

Customer: replied 7 months ago.
Clare, thanks for your reply, the situation is very difficult for me, is very difficult is that I live in Spain and I am try to deal with a matter in the UK, is the cost of talking by telephone going to be more expensive, if so I think it may be cheaper all round to cancel my membership and arrange to go back to England and start this matter with a face to face meeting with a solicitor.
With regards ***** ***** contents of your reply your reply, of the signatures on the "D of T" appear to be genuine, but they have know recollection of seeing the document or having it's contents explained to the them when they signed it. In my opinion I think the full contents of the document was shrouded by another document and they were asked to sign it.
As I stated earlier, why was there no covering documents from the original solicitor of the issue of the documents for signature or receipt of the signed documents?
Please can you advise on my next move in this matter.
Regard
Barry Andrew
Customer: replied 7 months ago.
Clare, with regards ***** ***** date that the money has to be repaid, the document gives no actual date but it states that if the relationship between my son in law and his mother breaks down then his mother can demand payment within 6 months of an agreed date.
Hope this helps
Regards
Barry Andrew
Expert:  Clare replied 7 months ago.

Ok

So for clarity - this document was (apparently) drawn up by the solicitor who dealt with the purchase of the property?

Customer: replied 7 months ago.
Clare
Correct
Regards
Barry Andrew
Expert:  Clare replied 7 months ago.

Have they found out who took over the files of the solicitor

Customer: replied 7 months ago.
ClareDon't know but I will ask the question and let you know later today. Didn't know that files had to be taken over by another solicitors practice should they go into liquidation?
Be in touch.
Regards
Barry Andrew.
Customer: replied 7 months ago.
Clare
Have ask my daughter and son in law, they don't know.
I think from the question you have asked and the answers I have been able to give, that my knowledge is very limited and there are matters which have been ongoing with my daughter, son in law and my ex wife have been dealing with, which I am not fully conversant with at this time.
I need to find out all the information needed to go forth with matter before engaging a solicitor to take this matter to the next step either by paying the monies to clear this matter finally or to engage a solicitor to fight any further action they may happen.
Therefore, please cancel my account/membership as of today's date.
Regards
Barry Andrew
Expert:  Clare replied 7 months ago.

The simple answer is that yes the files should have been transferred to another firm and it is worth checking with the Local Law Society for your area which firm that might be.

There is certainly some oddities about this - not least the fact that the Declaration of Trust was not Registered until after the second mortgage - and if it can be shown that his mother was aware of the remortgage then this will certainly raise a question about what the actual position was.

The wording of the document "if the relationship breaks down" is bizarre - and if they are in the Deed again it raises a question over the validity.

Your Daughter and son in law do also have a potential defence based on the fact that there was a clear understanding that this was meant to enable them to house their family and that need is still in place

Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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