Does my Home Have a Mortgage?

[BiloBoss]

I am about to inherit my house, built by myself in 2003 with no mortgage or borrowing on land belonging to my late father who in 2018 died intestate.. anyway the house is now due to be signed over to me (at last) by the estate administrator (my mother) however she is trying to sing over using Land Registry Form AS3? which if I read correctly only gives my part title deed..? plus refuses to fill in section 10 - "full title guarantee" or "limited title guarantee...?

I now believe money has been borrowed against my home without my knowledge?

How can I confirm/check this?

[des8]

Go to land registry (https://www.gov.uk/search-property-i...-land-registry) and look on the charges register of the relevant proprietorship file (cost £3)

[BiloBoss]

Thanks for the response.. however the property is listed but says "No information available?" will it still give information if pay?

[des8]

I would email Land Registry asking the reason for displaying "No information available".i.e Is it because they do not hold any information, or for some other reason?

I understand your Father owned the land on which you built a house.
Was the house your home or your parents or both?

Have you asked your mother why she will not complete sec 10 of the form, or in fact if you are entitled to the land (if it is your house) she is not using form AS1 ?

Do bear in mind that as your father died intestate the rules of intestacy apply.
Under those rules your mother (assuming she was married to your father when he passed) your mother inherits all the personal property and belongings, together with the first £270,000 of his estate, plus 50% of the remainder.
Perhaps it is necessary for her to retain some of the value of the land your house is built upon to meet her share.

If there is a mortgage on the property the lender may (reiterate may) not have the power of sale of the legal title if the borrower is unregistered. There is some case law on this aspect.

[BiloBoss]

I have emailed Land registry and will await there reply.

I built my house in 2002/2003 entirely on my own, on the understanding the land it stood on would be signed over and not part of any inheritance on my death (land only) plus for reference I have paid all utility bills and Council Tax since 2003.

I have asked my mother why she will not complete sec 10 of the form, her response - " I will fill that out with my solicitor once you have signed?" and that Form AS3 was the correct form to sign the house over to my in its entirety, after pointing out she is incorrect she then advised if I don't sign she will sign for me, she now refuses to talk to me..?!

I have took into account the rules of intestacy and this is how I have calculated things -

Estate Value £1,613,749.00 less first £270,000 (mother) leaving - £1,343,749.00 Mother keeps 50% share - £671,874.50 leaving 50% or 671,874.50 this is divided between three siblings so they would get £223,958.16ea approximately?

My house even though not part of the Estate on the survey for inheritance tax purposes (after my fathers death) the house including land was valued at £165,000.00 meaning as far as I can see she has no right to retain any of the land to meet her share..? correct me if I am wrong.

[des8]

The house is not part of your late father's estate, but the land on which it stands would appear to be.

Now the executor should be dealing with the estate to the benefit of all beneficiaries.
IMO the best way forward would be for the value of the land be taken into account when calculating your share, so that you would receive less cash but all of the land on which your house stands.
Your mother seems to want to divide the estate so that she retains/obtains partial ownership of the land on which your house stands.
This could prove problematic if you ever wanted to sell.

I would suggest you instruct a solicitor versed in contentious probate to act on your behalf sooner rather than later