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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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If I am a tenant in common on buy to let flats do I need a

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If I am a tenant in common on buy to let flats do I need a partnership agreement with the co-lease holder?

If the co-motage holder had not allowed me to read mortgage documents when signing and unjust influence over me at the time would they be legal?

If I was made aware that co-mortage holder was undertaking criminal acts, not to do with property but other things what what position does that leave me in if he is repromanded by the police?

If the co-mortage holder has a history of physical and phscological abuse (towards myself and others) could I have a case to be removed from the mortgages as at the time of signing I was not in a position to protect myself from him?

If I had never been offered independant financial advice and there were no witnesses at contractual signings what does this mean. If witness signatures, were there but no witnesses?

Is the co-mortage holder had not told me of court poceedings and agreements he had made with lenders?
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thanks for your question. My name isXXXXX can assist you with this.

tdlawyer :

If the mortgage company did not let you read the documents, then you're not likely to be bound by them if there was an undue influence.

Customer: I was not alowed to read them by my father, the co-mortgage holder. I never even met any of the brokers. I don't think thee is much information given here for the fee I was charged. Could my original message be read again and maybe responded to in more detail?
Customer: replied 3 years ago.

Hi,


 


I already responded to this, what information do you require?


 


I was not allowed to read the mortgage documents by my father, I never even met a mortgage broker. I am trying to ascertain if these mortgage documents are legally binding,if you read the information above that I have given. I have no partnership agreement for tenants in common. I was not allowed to read the mortgage documents by my fathers. there were no witnesses. He has a history of emotional, psychological and physical abuse towards myself and other woman (there have been police involved in this). I was never offered any financial advice or told to seek any. I only recently (November.. mortgages held since 2008) found out how many flats I am even mortgaged on. I have no been made aware of important issues with the mortgages, like court hearings, new payment arrangement or consolidation of any of the accounts. He is in massive arrears and is currently involved in other criminal activity and this is nothing to do with me. I was a someone he used to free up money. Do these things seem like they may make the mortgages contracts not valid. I don't want money or anything. I need to escape from him. He is a sociopath. I hope that's enough information.

Expert:  tdlawyer replied 3 years ago.
You do not *need* a partnership agreement with your fellow co-owner, but it's always advisable to have one, as it sets out the basis of agreement between you. If you are doing this as a business, and you're in partnership, the Partnership Act 1890 sets put the basis of the partnership with you.

People are under no obligation to report things to the police so that you haven't is irrelevant.

If you never had advice, or perhaps never had the opportunity of taking advice, then the mortgage might be unenforceable due to undue influence although these claims can be tricky to run. The law on this is very complicated, and you should have a look at this: http://www.e-lawresources.co.uk/Undue-Influence.php

Once you've read the above, I'll happily answer any questions you have on it.

Tony
Customer: replied 3 years ago.

Thank you, XXXXX XXXXX much more helpful. That is a shame about the partnership agreement, i didn't even know what the lease term was. I had no idea about it until only recently.


 


I understand these things can be tricky but I have lots of evidence as to the kind of person he can be and i think lots of people who would be willing to testify in my favour as to how manipulative and controlling he can be. Everyone who meets him thinks he is lovely though and he can talk his way out of many things so I have to make sure I am in a strong position before he evens knows I might be thinking of doing this. He is extremely persuasive and come across always as the hard done by party. He has often boasted to me how he will "get" ex' though, because he is a clever man (sorry you don't need to know this). It's jus that it is unjust. He put me as a tenant in common for a 1% share on the leases yet I am totally liable for the mortgages should he forfeit them. I stand (nor do I want) to gain nothing, but I could loose everything due to his actions and inability to act like a responsible human being. He didnt even tell me when he had to go to court over arrears. This could and still might have ended in a county court judgement against our names, he told me later a a boast about how good he is at sorting the situation out. He bought porches and e-types and land rovers and horses (and much more) with the money yet professed the credit crunch ruined him. He told me he would re-do the flat I was living in and he left this until last and then lost the house. That was one of the reason for me signing as he said he would be able to do up the building I was living in, without re-financing he couldn't do that and he might have to sell it, it was in a state of disrepair. Not a direct threat but clever manipulation.


 


I am not sure if I am allowed to ask you another question without having to pay ridiculous amount of money for it but what type of lawyer would be best for me to seek advice from if I believed I have a case for undue influence? family, commercial law... an abuse lawyer?


 


Thank you again for your help.

Expert:  tdlawyer replied 3 years ago.
I think the type of solicitor you're looking for is a commercial litigation solicitor. They would have experience of the property side and the expert ability to address the contract issues too.

The best thing to do is speak to say 3 or 4 such solicitors and ask their view on the issues and see which of hem you like best.

Tony
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience: Lawyer with 9 years experience of advising on property issues.
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Customer: replied 3 years ago.

Hi Tony


 


Thanks for that.


 


Jen

Expert:  tdlawyer replied 3 years ago.
You're very welcome.

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