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1. Firstly, you should ensure you have your facts correct before you take this any further, as there are serious civil and criminal consequences in this. So get the documents from the Land Registry which determine in whose ownership is the new house which was purchased 11 years ago. Be aware that a solicitor would have been involved, so the possibility of your parents being duped is small. Secondly, assuming a fraud took place, the transfer over to your brother and sister can be set aside by your parents on the basis of fraud, should they so wish. So ultimately, this matter can be resolved in favour of your parents to their satisfaction. Effectively, the rental properties which are the proceeds of the fraud, can be seized by your parents as part of any claim that they make. It is not just the house with the interest only mortgage which will be available to your parents, but all property purchased with the proceeds can be traced into and the money followed. Thirdly, I would advise your parents to not make a will until such times as your enquiries are completed. Finally, be aware that fraud is a criminal offence as well as a civil wrong. Not only can your siblings be sued for this occurrence, but they can also be criminally prosecuted by the CPS for what they have done.
Hi Buachaill, thank you for your help. I already have the Title document on the new property and that is now in my brother and sisters name. I have requested an OC2 government form as this will have information on who the solicitor was and who the mortgage is with. What other facts should I gather? My mum was the only person who had her name on the old deeds as it was the family home left to her by her father and his father before. She wasn't told the truth what was happening and is 100% sure she was told that she would have the property back in her name only after 5 years (from the supposed small loan my siblings had made up).
2. From what you say there is clear evidence of some wrong having occurred. Accordingly, you should get your parents to hire a solicitor and get proceedings issued against your brother and sister. They should first be given a chance to rectify matters without legal proceedings. IN this regard the solicitor should write a letter before action calling upon your brother and sister to transfer over the properties bought. If this doesn't happen, then the solicitor should get a barrister to draft legal proceedings to rectify the situation.
Ok that sounds fair. I will continue to gather as many facts a possible and then confront the two about what they've done. Thank you for your help.
3. You are welcome. Please RATE the Answer.