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Clare, Solicitor
Category: Law
Satisfied Customers: 35059
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a problem in 2010 a friend wanted to buy a house she

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I have a problem in 2010 a friend wanted to buy a house she didn't have enough for the deposit I loaned her £22,500 two years on she was struggling with the mortgage to safeguard my money I said the place will have to be sold,but was told the place would need repairs,I did some my self and spent another £17,500 on them, still struggling I paid off the mortgage being another £67,500 the place was put on the market but hasn't sold,as the estate agent wanted to deal with the person named on the deeds I left her to deal with them, only to find out she has taken out another mortgage with another company for £ 28,000 without my agreement, I have signed no papers agreeing to this, her part of the money in this is£12,500 deposit plus £3,000 she paid off, pointing this out to the mortgage company in letters and a phone call backed up by paperwork I am just being ignored, what is my next step
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and do you wish to force an immediate sale?
Customer: replied 2 years ago.

the house is valued at £135,000 it is not lived in with other moneys I am owed £112,500 odd, we had agreed she would have £15,500. I would have my £112,500 the money remaining would pay estate agents anything left over would be devided between the two of us as I haden't recived any thing for the work I had done on it, I still wish to sell the house it is in wales 200 miles away

Are there any children living in the property?
Customer: replied 2 years ago.

the property is empty no one is living there and has never been occupied since it was bought, it was bought because her then boyfriend owned the pub next door, he paid £286, 000 for it and it sold last year for £130,000

Have you formally written to your friend and asked her to market the property
Customer: replied 2 years ago.

the property is on the market at the moment, as she has taken out this mortgage for £28,000. there wouldn't be enough money left in the property to get my money back if you consider the estate agenents fee and the solicitors fee I could loose thousands, she wants to use the money she has got from the mortgage as a deposit on a house to live in and then get another mortgage for a house to live in, I am 65 now and suffer from enphysema rhunatoid arthritis and had a stroke in january,it is unlikely she could pay the two mortgages and pay me back,as my life expectancy can't be to long I must have this money back, what I want is for the mortgage to take their money back and end the mortgage, hopefully before she pays it as a deposit

I am sorry but that is not something that can be achieved.
Your friend was the Legal Owner of the property and as such the Mortgage Company was fully entitled to grant the mortgage to her
Your claim is against your friend herself.
You can apply to the Court using the Trusts of Land and Appointment of Trusts Act for a a Declaration that your friend holds the property on your behalf - and ordering the sale.
You will then have to recover the balance from your friend in due course
Please ask if you need further details
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