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SASH_Law, Lawyer
Category: Law
Satisfied Customers: 3269
Experience:  LLB (Hons)
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I am looking for someone who deals on property law, Sorry it

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I am looking for someone who deals on property law
JA: Where are you? It matters because laws vary by location.
Customer: Sorry it would be for Tyne and Wear
JA: What steps have you taken so far?
Customer: It’s actually for my Brother. He has separated from his partner. They went to court last year to decide over the house which he lives in. He paid for the deposit and borrowed money from our mother. They are not married but have children and lived in the property for two years. The judge ordered the house to be valued and put in the market with 50/50 split so neither my mum or brother will get their money back.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The property went on the market, though both parties agreed to reduce the price, as the surveyor had over valued. It was put up at 180k for 3 months. They had one viewing and they said no as there was cosmetic damage. This is due to an occupation order which my brother had on his ex partner for the property as she tried to flood it. The property did not sell so she reduced the price by another 15k and did not tell my brother. He then had a viewing and an offer. Which he rejected and dealt with the estate agent for not agreeing with him.
Customer: replied 4 days ago.
He then made her another offer (after offering to buy her out in court for the house price but she refused as she wanted more money) 1k above what she reduced the house down to and she refused again.
We have since realised that she thinks she is entitled to 50% of the price the surveyor valued at last year from my brother regardless of what the house sells at and she keeps refusing offers on the basis she doesn’t want him to have the house.

Good afternoon to you, I'm Lea and I am going to assist you today.

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Customer: replied 4 days ago.
Whilst this is going on she has been harassing him whilst he also battles her in court to see the children, she has since been given a caution from the police for harassing him and been warned she can’t go near him or any friends of family.
Customer: replied 4 days ago.
He has now put to the courts an application of force of sale for myself and him to buy her out as she refuses to accept an offer but the judge has thrown it out saying that it was all dealt with in gotta hearing.
Customer: replied 4 days ago.
first hearing
Customer: replied 4 days ago.
She refused him a mortgage holiday during the pandemic so he is in arrears and now can not afford to pay the full mortgage anymore, resulting in possible bankruptcy. The family are trying to support him but we are at loss of what to do next.

Thank you for the background information.

What can I do to assist you with this?

Customer: replied 4 days ago.
Do you we have a case where by she is not sticking to a court order by accepting a bid from my brother on the grounds she doesn’t want him living there?
Customer: replied 4 days ago.
If the judge has thrown his application out where do we go from here is the question?

I don't suppose you have a copy of the order handy, do you?

Customer: replied 4 days ago.
No I don’t but I have asked my brother to forward me a picture which I can send across as soon as I have it
Customer: replied 4 days ago.
1st page
Customer: replied 4 days ago.
2nd page

The court already gave the first claimant the opportunity to buy before March 2020 - and gave an order as to what should happen if that did not take place. Each party is entitled to 50% of whatever is left over after all disbursements have been paid (they are listed in the order).

The court dismissed his application because it had already dealt with the matter in the only way it could. There is no new order that the court can make in relation to that detail. What the court could do, if one of them applied because the other refuses to sell (i.e. sign) is to sign on that person's behalf.

Customer: replied 4 days ago.
Thank you this makes sense. It’s just difficult as the other party will not comply for him to buy the property or any family member just so they can move on.
Customer: replied 4 days ago.
Is the best thing for him to do then is to get the house up for sale again at a price they agree on, for him or a family member to bid and then if she refuses to go back to court to get a signature on her behalf?

Yes, get it up for sale at a price they agree, and the moment they have a secure offer on the property, he needs to apply to court for the judge to sign on her behalf.

Customer: replied 4 days ago.
Can the secure offer be from either him or another family member?
Customer: replied 4 days ago.
What is the application called to ask the judge to sign on her behalf?

No, the offer needs to be a third party - not him.

Customer: replied 4 days ago.
Can it be the second claimant who was dismissed? Which was my mum? She wants to buy as a buy to let just so my brother doesn’t go bankrupt while waiting for the house to sell

If the other party is refusing to sell to persons known to her, it makes sense for the person buying to be someone not known to her. Involving other family members is obviously what is causing delay in the matter.

The application form is an N244.

Customer: replied 4 days ago.
Agree but the house will not sell ok the open market unless below the mortgage value, they would then be in negative equity, which is why family are offering to buy it so they can both move in fast

Then someone needs to explain that to the person resisting.

Customer: replied 4 days ago.
Can my mother make an offer which they are both willing to sell at and if she refuses apply to court for the N244 form to get a signature?

You can try that.

Customer: replied 4 days ago.
This has been explained countless times, but she knows basically my mum has money to pay her off directly for the full price of 190k and as it’s not worth that in the market so my mum will not pay that so she keeps refusing

Make the offer, then apply to court if she refuses to sign. Not much else you can do at this stage.

Customer: replied 4 days ago.
Ok thank you
Customer: replied 4 days ago.
One final random question. What if a family member with a limited company purchased the property for a buy to let investment. Would the name of shareholders and directors have to be disclosed to her?

The name of the shareholders and directors are a matter of public record. So easy to find.

Customer: replied 4 days ago.
Fortunately she is not that clever. But even if she did know and refused the sale we could still apply to the courts to get a signature correct?
Customer: replied 4 days ago.
Another question, why does the court order on point 3 state with liberty to all parties to bid? This must mean both my brother and my mother can bid right?

Yes anyone can bid.

Customer: replied 4 days ago.
Including the claimants?

It says 'anyone' - without further definition in a court of law it would take its ordinary meaning.

Customer: replied 4 days ago.
Great thank you for your help

You're welcome.

Customer: replied 4 days ago.
Sorry one final question. Though my mums claim of getting what she owed from the property (which was 8k) was dismissed can she still take both my brother and his ex partner to the small claims court to retrieve the 4K from each of them? Even though it was put forward as part of my brother division of asset case?
Customer: replied 4 days ago.
She has a text message confirming it’s a loan and that both parties would pay her back, though there was no deadline hence why this judge dismissed it?

No, her claim was dismissed. You can't have two bites of the same cherry in court.

SASH_Law and other Law Specialists are ready to help you
Customer: replied 4 days ago.
Understood. She was advised otherwise and we wanted a second opinion