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Peter Collins
Peter Collins,
Category: Property Law
Satisfied Customers: 6849
Experience:  Barrister at Self Employed
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Second opinion] I have a question about title deeds, no not

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second opinion] hi
JA: Hi. How can I help?
Customer: I have a question about title deeds
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no not yet
JA: Where is the property located?
Customer: in slough
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello, my name is*****'m a barrister and I’ve been asked to look at this for you, thank you for your patience.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

How can I help?

Customer: replied 3 days ago.
Hi thanks for your response! My question is that my father is trying to sell his house, he has been paying a mortgage on it for the past 18 years since it was purchased. However the property was bought in his friends name at the time as my father was unable to get a mortgage at that time. We are worried that the friend will try and take the property if we ask him to now transfer the deed title. He has had nothing to do with the property nor has paid a penny towards any mortgage payments, he basically has nothing to do with the property apart from having his name on it! What would be the procedure to change title deeds if the friend does not cooperate with my father?

Happy to help. Your father needs to speak to a solicitor about making an application to court for a declaration of trust in his favour.

This would then enable him to apply for the transfer of title, force a sale, or whatever he needs to do at this stage.

If the facts and evidence support your father's case that the friend was never intended to be the beneficial owner of the property, then the case should be winnable. In this kind of dispute it's hoped that a solicitor's letter setting out the intention to apply to court and pointing out the adverse costs risks of his friend opposing this application would be sufficient to convince the friend to act reasonably without the need for a court application.

I hope that this assists?

Peter Collins and other Property Law Specialists are ready to help you
Customer: replied 3 days ago.
Yeah that does help a lot! Thanks for the reply!

My pleasure. If you do have further questions don't hesitate to ask. Best wishes, Peter