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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?
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?
So for clarity - this document was (apparently) drawn up by the solicitor who dealt with the purchase of the property?
Have they found out who took over the files of the solicitor
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