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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23745
Experience:  Senior Partner at Berkson Wallace
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My son is 40 years old and has a history of mental health

Customer Question

Hi, my son is 40 years old and has a history of mental health and drug abuse, he has 2 children(aged 11 and 6) but lives separately from them, he is a home owner(we gave him deposit to buy his house over 10 years ago. Over the years he has badly neglected his property and has run into mortgage payments difficulties, we want to help him with home repairs and mortgage difficulties to save him losing it and save it for his children but want to safeguard our money that we spend. Can you plz let us know if it is possible and how do we go about it, my son us willing to sign any contract between the two parties.
JA: Where are you? It matters because laws vary by location.
Customer: We are in Richmond uk, his property is in hounslow,uk
JA: What steps have you taken so far?
Customer: None at present
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Just that due to his mental health he finds it very difficult to manage the house by himself
Submitted: 12 days ago.
Category: Law
Expert:  Virtual-mod replied 11 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 11 days ago.
Please continue, but I expect the answer in next day or two. Thanks
Expert:  Stuart J replied 11 days ago.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

To clarify at the moment your son will agree to whatever is decided re safeguarding your financial input -

is he likely to change his mind later on?

Customer: replied 11 days ago.
It is a possibility, that us why we are cautious,
Expert:  Stuart J replied 11 days ago.

The normal way of dealing with this would be for you to have a second charge over the house although mortgage lender may need to agree to it.  It depends whether they have a restriction against the property preventing further borrowing.

However provided you confirm that it’s not to be repaid during the term of his mortgage lenders mortgage, they will normally give that consent.  It depends whether they have the restriction or not.

That would stop your son remortgaging or selling the property without you being repaid but it will not stop the house being repossessed in the event that he doesn’t pay the mortgage.

The only way of preventing that is for you to pay the mortgage every month or to pay it off completely and he then pays you rather than the lender.

The contract between you is in these circumstances worthless because let’s face it he signed a contract with the mortgage lender to pay the mortgage and he isn’t doing that so I can’t see why a contract with you would be any more persuasive.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 11 days ago.
Thank you so much for your reply, we will get back to you if we need you further.thanks again
Expert:  Stuart J replied 11 days ago.

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
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