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TENANCY IN COMMON-HALIFAX & LEGAL ACTION

from joyce (jpurple1953@aol.com)
This complex situation regards a problem I am facing with a tenancy in common, it was previously a joint tenancy and there is a restriction on the deeds at the Land Registry in respect that this was severed.The property is owned by myself and the personal rep's ( the son )of a deceased person.The outstanding mortgage is £22,000 with arrears of £900,the house will be valued at approx.£65,000+ there was no life policy in effect a year ago which is why this amount is outstanding. I left the property 7yrs ago ( ex- partner remained there ) but I took over the mortgage payments again a year ago after his death,the property has stood empty since. The son with whom( I have no contact ) I gathered wished to take over the outstanding mortgage and pay me my share of the equity, I made a preliminary start and completed an Application for Transfer Form as at the time I felt it was the easiest option. Based on this the Halifax who have been very fair gave me three months without payments to allow time to sort it out but I now find nothing has transpired at all as they have had no further contact from the solicitor representing the son. When I took over the mortgage there were £600 arrears and that has now increased. The Halifax are now asking me to contact them and state they will commence legal action very soon. I am just in such a dilemma as to what to do next, I have a solicitor but he has not impressed me with good advice which is why I hope someone can suggest what course of action to take now. I feel like giving up and just telling the Halifax to go ahead and re-possess, if I did how long does the process take and what will it cost? I know I would be blacklisted but at the moment I feel that is the least of my worries. On the other hand as presumably I am not committed to transferring the property and would be able to maintain future mortgage payments am I entitled to move back into the property. Finally if I did move back in what course of action would be available to me if the son refused to let me buy his share of the equity? I would be so grateful if any kind person can advise me.
(posted 7990 days ago)

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