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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34890
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a property that is owned 50/50 with my brother.There

Customer Question

I have a property that is owned 50/50 with my brother.
There is a Jiont Mortgage on it taken out 20 odd years ago.
My brother took full control of the property over 16 years ago.
I found out that he had not been paying the mortgage and keeping the money he earnt renting it out.
Now Last year he put himself in Bankruptcy claiming all the arrears and mortgage amount were his responsibility and using them to get himself in Bankruptcy he supplied the bankruptcy full details of the Mortgage.
Now the issue is the mortgage company have just sent me a bill Mortgage which I wish to redeem myself and the amount is £44,000.00 which I believe that as jiont Mortgagee is responsible amount. The issue is that they have put on over £20,000.00 of charges on the account icluding charges that was caused by him non payment. Is this allowable as they were fighting him and then he put the whole lot into Bankruptcy so I believe they must of accepted this as being his bills as they did not dispute the bankruptcy in any way and now just going after myself.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
How much is the property worth and how much is outstanding on the mortgage?
Customer: replied 3 years ago.

the property has been valued at 140k the mortgage is 34k and a top up he got put on it of 8k then there are the arrears and charges of 20k thanks also the stupid thing about it it has been repayment mortgage running 20 years and the original amount was 41k

Expert:  Clare replied 3 years ago.

then there is £62,000 odd outstanding is that correct?
Customer: replied 3 years ago.

Yes according to the redemption statement

Expert:  Clare replied 3 years ago.

What income does your brother have?
Customer: replied 3 years ago.

None. He gave up work and He made himself bankrupt a week before he was found guilty 126k of criminal damage to my house. Thus not having to pay any compensation

Expert:  Clare replied 3 years ago.

Sorry - is that a separate property?
Customer: replied 3 years ago.

Yes it is. Sorry it is confusing

Expert:  Clare replied 3 years ago.

No That is fine - you do wish to keep the property?
has your brother's Trustee in Bankruptcy been in contact with you?
Customer: replied 3 years ago.

as my brother owes me so much money I have a court order that the property to be transferred solely into my name. And the trustee had no issue with this as he owed me more than anyone else. But obviously the mortgage issue is still there.

Expert:  Clare replied 3 years ago.

That is good news - but I am afraid that the mortgage is a joint and several responsibility and you will have to pay it in full
I am sorry - I appreciate that this is not what you wish to hear but sadly the mortgage company is entitled to pursue either or both of you and the extra debt was in no way wiped out by the Bankruptcy.
Please ask if you need further information