undue influence and a co-ownership mortgage

greenspun.com : LUSENET : Repossession : One Thread

Dear Sirs,

Your site is a godsend. Perhaps you can help my mother.

My mother signed a mortgage agreement to purchase a home in co-ownership with a young woman. She does not live in the house and the house provides her no benefit. In addition, given her health and the circumstances of the purchase there is a strong inference of undue influence.

She made a substantial downpayment and paid all carrying costs associated with the purchase.

The bank refuses to cancel the agreement.

Ironicly, the house represents the money she paid out and cancelling the agreement would only reward the very people who defrauded her.

How can she cancel the agreement and retain possesion of the house ?.


-- Colin Thompson (jamm79@videotron.ca), May 24, 2000


A defence of undue influence will only work where your mother can show that she did not personally benefit from the loan; e.g. where she took out the loan to invest in someone else's business. I do not think it will work in the circumstances you suggest.

-- Sue Edwards (sue.edwards@nacab.org.uk), May 30, 2000.

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