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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10401
Experience:  I have been practising for 30 years.
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My mother got in arrears with her mortgage in 2011,and i am

Customer Question

Hi,my mother got in arrears with her mortgage in 2011,and i am the one who usually help out with all the money matters of my mother,we are very close,but that time i could not help so my youngest brother bailed her out with sum of £50000 with the condition and intention that when any member of the family pay back this money to him (younger brother) the house be returned to my mother.House worth estimate £350000,(no mortgage outstanding now except this £50000 may be less now)My mother is 82 years old.She signed lots of documents at time of younger brother remorgaged the house on his name ,she does not remember the documents that she signed.But she remembers that intention was if and when money was paid back she will regain full control of the house.My brother now letting rooms to people in my mothers house,while she is still living in the house.
I visited my mother and she was crying that she can not live like this any more,because she scared to leave her room,since my brother put 2 male lodgers,one of them looks like he suffers with mental health issues,and does not clean up after himself in kitchen or toilet.
She begged me to help and try and sort this situation.
I am now in position to pay off the debt.We organised a family meeting with my younger brother and sister,and i told him i have the money to pay back so my mother can have full control of the house.
He ownes 2 other properties and this makes the third and he is refusing to accept my offer to pay it off.
He is now saying he can not do it for 2 years because he has my mothers house tied in with some other mortgages,which i checked with Land registry and it tells me there is only that £50000 against the house,i even offered to pay early settlement fine of £1000 or thereabouts.
My mother is in pure turmoil,i don't know how long she has to live,she is very healthy woman it could be 10 years it could be 20 years ,but i just want her to have no tenants and i will pay all her bills.and stress free living for the rest of her life.
we have done few checks and we found out that my mothers name not on Summary of the title,and its only his name from 2011 and very recently added in 2015 his wives name.My question:
Can my mother have her house back legally (if i pay the debt) even if her name is ***** ***** the title,my mother would never sell the house worth £350000 for £50000.
Submitted: 17 days ago.
Category: Law
Expert:  F E Smith replied 17 days ago.

Hello for clarification - your brother is just refusing for you to pay this debt off and using 'he has money tied up' which as you have discovered is untrue - is this correct?

Customer: replied 17 days ago.
that is correct
Expert:  F E Smith replied 16 days ago.

She needs to go back to the solicitor who did the transfer from your mother’s name to your brother’s name. That is the starting point because based on what you have said, your mother in effect appears to have sold the house to your brother for £50,000 if it is in his sole name.

This is certainly something that the solicitor should have dealt with because they should not have taken any instructions from your brother

I don’t know whether he has forged any documents or coerced her into selling the property grossly undervalued but if she thought that she was just signing papers to secure the £50,000 in your brother’s favour, and she was misled in that respect, it could well be that your brother has committed fraud which is the police matter. It would certainly be worthwhile getting hold of the police but before doing that, you’re going to need to speak to the solicitor that dealt with this property transfer, probably to obtain the file and then to speak to another solicitor to go through the file to see whether the solicitor that dealt with that transfer has done anything which they shouldn’t have done.