deed of gift

[IZZA]

my mother manipulated me into transferring my property in her name, in the form of a deed of gift? her solicitors carried out the transfer.

[Eve]

Manipulated how, can you give us some more context?

[richee]

you sound like a wierd familly

[dzug]

What are you actually asking? You've put a ? in but haven't actually asked a question.

[IZZA]

my situation is complex. if i take it to court would i get my property back?

[Eve]

Impossible to say without a lot more detail.

[IZZA]

My mortgage was �900 a month, my so called mothers credit rating is good, she told me it will be a good idea for me to transfer the ownership as it will save me �400 a month in mortgage payment. Three months after the transfer, she kick-me out.

[IZZA]

she went to a police station and made a false alligation that i made 'threats to kill', i denied this as it was untrue. i was not allowed to go home, because of the false arrest i lost my possessions. my so called mother drop the charges after one month as she got what she wanted out of me.

[Eve]

Did you get any kind of agreement drawn up, preferably in writing, or have any other documentation documenting your intentions? Something like a deed of trust?

Was it done through legal advisors or a DIY job? If the former, what was the reason given, did the legal advisor know the circumstances?

If not and it is her word against yours and would be very difficult to prove anything unless you can claim some kind of interest in the property.

Do you have it documented that you made mortgage payments? Who, if anyone, is paying the mortgage now?

Could it look like your mother bought the property and is letting you "rent" it out by covering the mortgage payments.

What would have happened if when the mortgage ended, was anything put in place for that?

What was the agreement, if any, regarding furniture and contents?

Why did she kick you out? Was any of it your fault, being completely honest?

Did anyone else live there with you especially any children?

[IZZA]

no there was no deed of trust. At the time of the transfer my boyfriend was present at the solicitors office.
my mother has been involved in fraud for over 25 years, i'm just her latest victim.

[IZZA]

i have two daughters. Hackney social services was on my case as i had an addiction problem at the time. the matter got taken to court. my mother got involved and made a false application for a special guardianship order for my girls, i raised them while my mother lied to the local authorities that she was raising them. when ever the social worker came unannounced, no one open the door as my mother did not live at the property. i wanted to get the social workers off my case, my mother said she will help. it was my so called mother idea, for me to transfer the property, not mine. she told me this way i'll have social services off my back and i'll save cash.
As things did not work out, i made an application in court to discharge the special guardianship order. At the direction hearing, my mother and the social worker did not turn up. when the juge heard the truth, he made an section 37 order, childrens act.
Hackney local authorities are ****!

[Eve]

Whatever else is going on the children are not another possession and need to be with whoever can care and provide for them best.

Could your mother be trying to protect the children if you've addiction problems? Could that have been a reason for getting you away from the house?

I can't see how you transferring your property would get social services off your back - can you explain that?

As regards the transfer, it may sound harsh but transferring your property to someone you know has been involved in fradulent behaviour may not be very persuasive in court.

As solicitors were used you should have been given legal advice or recommended to take independant legal advice if the same solicitor was acting for both of you.

Were you advised of the potential ramifications? Did the solicitor(s) know about what was planned in order to be able to advise on it?

[IZZA]

After Two months of my mothet kicking me out, i went to the police station to see if an officer can assist me to pick up my belongings, clothes etc. Four offices came with me. The police offices witness the children being neglucted by my mother including my three younger sisters age 12, 10 and 8. The police went back and removed the children from my mother care.

[IZZA]

my children and my sisters need protecting from my mother. The police just dont take children away and the court dont just make a section 37 orders.

[IZZA]

i have sorted myself out, as i want my children back and i want my sisters as well. my 12 year old sister told the police that she hates my mother and that she never wants to go home. my mother is not a typical mother.

[IZZA]

at the time of the transfer, i wasn't thinking straight. my mother is a persuasive lier.
Her solicitors did not give me legal advice or advice me to seek independent legal advice. i went to see my mothers solicitors for the copies of the transfer, he keeps on giving me accuses.

[Barmaid]

You have not given enough information for me to advise fully, but I suggest you seek legal advice AS SOON AS POSSIBLE. You will need to see a solicitor and will then need advice from specialist counsel. Your claim is for one of undue influence. You do not need to prove there was a relationship of trust and confidence between you and your mother since the common law implies this as a parent. It appears you did NOT receive independant legal advice either. Even if you cannot overturn the Deed of Gift, you may also have a claim in professional negligence against the solicitor who effected the transfer. Seek legal advice immediately.