Transfer of Mortgage without consent.greenspun.com : LUSENET : Repossession : One Thread
My partner whose husband died in 1996, was involved in litigation re. a seperate issue.She was obviously distraught at her husbands death and with the ongoing court case. At the court she was told she had to pay in a large sum of money, which she didnt have. The property comprised of an old farm with out buildings, which her husband had restored, new roofs, new windows etc. the main house and four cottages. Still ill and depressed she didnt know what to do. Her son-in-law offered to pay the money. Later she found out that he had also paid off the mortgage and now effectively owned the property. How is it possible for him to have paid redeemed the mortgage without her consent and what action can she now take to find out if there was something illegal going. The mortgage was with Bristol & West.Hope someone can offer some advice.
-- David Higgins (email@example.com), July 12, 2001
You need legal advice on this one - it's a very very complex area of the Law. In a nutshell, she signed a document which transferred title and deed to to the son-in-law upon payment of the debt. She may or may not remember doing so, but it's a question of whether or not she was pressured into signing papers she didn't understand at her most vulnerable time. I think the term is "under duress". I have no experience of this area legally and would strongly urge your partner to seek solid advice asap.
-- Too scared to say (firstname.lastname@example.org), July 12, 2001.
I would suggest that you find out who actually owns the property. If you don't have any paperwork from your partner or her son-in-law, then download the form available from the Land Registry's web site.
You can then find out who's name the property is in. If its your partner, then you've nothing to worry about. If not, then you can start investigating - write to the solicitor who acted for the son-in- law and get a copy of the transfer and any other paperwork which your partner might have been asked to sign.
As Iwasduped says, its possible she might have signed papers under duress. Normally you would be told to get your own legal advice before signing anything.
-- pendle (email@example.com), July 12, 2001.