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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10773
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My 2 brothers and I inherited a property in 2009 after the

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My 2 brothers and I inherited a property in 2009 after the death of our mother, can one of us apply for a secured loan against the property, (there is no mortgage on the property), without the consent of the others? Can we equity release? The deeds are in our 3 names, our ages are 51, 49 and 48 (don't know if that matters), I live in the property, also my younger brother lives here at the moment also. Thanks Tania

Hi Tania,

Have the Deeds been updated to show that all 3 of you are now the legal owners of the property?

Kind Regards


Customer: replied 7 months ago.
Deeds have been in all our names since 2009/2010
Customer: replied 7 months ago.
I dont want to talk openly on the phone, happy to carry on here
Customer: replied 7 months ago.
Customer: replied 7 months ago.
HELLO! anyone there!

Hello, I am sorry for the delay! Would you prefer to speak on the phone?


I am on my way home from work, so will be online from just after 7pm if you want to chat here or on the phone. Whichever is easier for you.

Kind Regards


Customer: replied 7 months ago.
Sorry just a little stressed at the moment, happy to carry on talking on here. Thanks

N​o worries, thanks.

Well, as the property is in your 3 names, all 3 of you would have to apply for any Mortgage jointly. This is because a Mortgage Lender will only grant a Mortgage or Equity release to ALL the legal owners, as opposed to say 2 of 3 of the legal owners.

Please let me know if you require any more information. Kind Regards Al

Customer: replied 7 months ago.
Could just one of us use the property as security for a loan?

Hi Tania, I'm afraid not- all 3 of you would need to be party to any Mortgage.

Kind Regards Al

Customer: replied 7 months ago.
OK. can't think of anything else I need to ask, thanks for your help Tania

Ok, thanks Tania.

If you could rate my answer in the top right hand corner of your screen, I can then get credited for my time.

Thanks and all the best. Al

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