Hello all, mortgage query

[Jason Evans]

My parents divorced when I was very young and a few years ago got back together and brought a house in Bournemouth.


A few years late they split up, my father left the house and subsequently my mother paid all bills and mortgage payments. My mother got really sick a few years ago and so I was appointed her power of attorney, during the process the judge ruled 100% equity should be given to my mother.


i advised the mortgage company of this yet they still have my fathers details as a partner in the mortgage.


My mother recently passed away, although I can pay the mortgag. I'm scared as I hope thido doesn't mean my father is now in receipt of the house.





Can anyone help? I'm in full time employment and have a stable job. my father lives off benefits I don't have any contact with him but know he would not be able to keep up repayments.Please advise.

[scoobydoo]

Re: Hello all, mortgage query

Hello

Do you have a few more details of the judges ruling? Normally there is a document that is drawn up that can transfer the mortgage and ownership into one name and both parties have to agree , but I would imagine that the judges ruling would over ride that requirement.

Are you intending to pay the mortgage just until the property is sold?

And when you say you have advised the mortage company is this in writing or verbally and have they replied to you at all?

[PlanB]

Re: Hello all, mortgage query

My parents divorced when I was very young and a few years ago got back together and brought a house in Bournemouth. A few years late they split up, my father left the house and subsequently my mother paid all bills and mortgage payments. My mother got really sick a few years ago and so I was appointed her power of attorney, during the process the judge ruled 100% equity should be given to my mother.

i advised the mortgage company of this yet they still have my fathers details as a partner in the mortgage.

My mother recently passed away, although I can pay the mortgag. I'm scared as I hope thido doesn't mean my father is now in receipt of the house.

Can anyone help? I'm in full time employment and have a stable job. my father lives off benefits I don't have any contact with him but know he would not be able to keep up repayments.

From what you say the Judge ordered 100% of the equity (i.e the value of the house after the mortgage has been deducted) should belong to your late mother, but he didn't and couldn't interfere with the joint and several liability of both your mother and father for the mortgage. This seems to have been confirmed by the mortgage company recently when you told them of your mother's death.

The lender won't repossess the property as long as the mortgage payments are being met. Quite frankly they don't care where the money comes from because it's not their problem.

If your father is on benefits he could be entitled to have the mortgage interest payments paid by the DWP. The only problem is you're not in touch with him at the moment to sort this. I doubt he would be willing to co-operate since there is nothing in it for him.

If no one pays the mortgage then the property will be repossessed and your father (as the sole mortgagee) will be responsible for the shortall and can be chased for the money for 12 years. If the property is repossessed and there is money left over after the loan has been recovered by the bank then according to the Judge's order that belongs to your mother and not your father.

The obvious burning question here is did your mother leave a Will, who is the executor and have you been granted probate yet? This is vital because if she left her equity in the house to you that's one issue to consider, but if she left it to your father then it may mean he will inherit the equity. It seems the Judge ordered your mother to receive the equity in the property but he didn't restrict what she could do with it (the equity) on her death because he couldn't in legal terms.

Post up what you know about the Will please because I think it all hinges on that and we'll take it from there