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Ask Michael Holly Your Own Question
Michael Holly
Michael Holly, Solicitor
Category: Property Law
Satisfied Customers: 7587
Experience:  BA honours degree in law, over 20 years experience in litigation, contract and property matters
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I representing a good friend of mine who is terminal ill

Customer Question

Good morning I representing a good friend of mine who is terminal ill with cancer and he has asked me to do this on his behalf. He owned his own property at at Audley Court Flete House Ermington from December 2014 and he was at a case of fraud and had all his money taken which meant he got into arrears for his maintenance for 2 years. He was evicted last November and his debt was 24000 . The property he purchased for 50,000 pounds and today value it would be 75,000 pounds the question we would like to ask how does he get the remaining monies for the property. We understand that Audley want their back money but surely they cannot just take the full property back when it is worth far more than the debt outstanding . Considering Davids terminal stage 4 cancer this money would make a huge difference to his last few months of his life and was hoping you could please advise . Many thanks Michelle Havill carer of David ******** JA: What steps have you taken so far? Have you prepared or filed any paperwork? Customer: No I have contacted Audley and requested what steps we need to take but they were not being very helpful or compassionate at all JA: Where is the property located? Customer: Ermington Devon PL21 9NX JA: Anything else you want the Lawyer to know before I connect you? Customer: Apparently David was handed paperwork which he didn't open because he was in denial and I think he thought it would never happen

Submitted: 1 year ago.
Category: Property Law
Expert:  Michael Holly replied 1 year ago.

Good Morning

Where an asset such as a property is set against a debt which is smaller than the value of the property concerned then the asset is sold and the balance left over is passed to the person who owed the debt.

As such any balance will be passed to your friend or pass into his estate should he have died in the interim.

If there are any further points kindly reply I will be happy to respond.

Otherwise, please either click to accept or rate my answer on the system so I get credit for my time.

Best wishes

Michael

Customer: replied 1 year ago.
Thank you Michael the company have not given David anything back how do we proceed with this
Many thanks
Customer: replied 1 year ago.
Please do not call I cannot afford the 44 pounds
Expert:  Michael Holly replied 1 year ago.

Thank you.

There is no need to call , we can deal with this by text.

It is for Audley to sell the house if they have obtained a court order enabling them to sell the house to satisfy the debt.

If they have not obtained a court order your friend could consent to the sale of the house, if he has still has the capacity to do so or he could give you a formal Power of Attorney to act on the sale. You would need to advise the creditor that the house is being sold voluntarily and that the debt will be discharged from the sale proceeds.

Michael

Michael

Customer: replied 1 year ago.
Thank they have evicted him and took possession what do we need to now many Thanks
Expert:  Michael Holly replied 1 year ago.

They are obliged to account to him, you might wish to contact them to find out on his behalf when and where they intend to sell the property. Usually it is done by auction.

Michael