ChatterBank1 min ago
can brother who lives with our mum use her house against loan?
Brother moved back, supposed to be temporarily, to family home after break up of his relationship over 4 years ago. Our dad recently died and now mum has had serious operation but still in hospital. To cut long story short, can brother put mum's house up against his personal loan, as he says its his home??? As far as rest of family knows it's in mum's own name since dad died.
If he got mum to sign something such as guarantor, while ill and in hospital would that stand up in court?
He has changed locks, so tho i have 150 mile round trip to visit mum, i can no longer stay at our family home since the past few weeks. He refuses to speak or text to say what is going on. He dropped a hint to my son a month ago that he was going to make major purchase and use family home for backing deal. At the time son didnt quite understand what was going to happen and no other family members able to access home since.
If he got mum to sign something such as guarantor, while ill and in hospital would that stand up in court?
He has changed locks, so tho i have 150 mile round trip to visit mum, i can no longer stay at our family home since the past few weeks. He refuses to speak or text to say what is going on. He dropped a hint to my son a month ago that he was going to make major purchase and use family home for backing deal. At the time son didnt quite understand what was going to happen and no other family members able to access home since.
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You can get the land certificate from land register online for about �3. This will tell you whether his name is on the deeds as one of the owners. It will also tell you whether there are any mortgages or secured loans on the property.
Has your father's estate been wound up yet, & probate obtained? Do you know who he left his share of the house to, if it was owned as a tenancy in common? (If it was a joint tenancy then his share will have gone to his widow automatically, regardless of his will.)
Unless he is an owner, your brother cannot use the house as security for a loan. The fact that he lives there is irrelevant. He is no different from anyone who rents accommodation. However, he could get your mother to sign an agreement - but the loan would have to be in her name - or possibly in joint names of him & her.
If he gets her to sign as a guarantor that does not secure the loan on the house, but it does mean that if he defaults the lender can pursue your mother & eventually get the loan secured through Court action. The house is then at risk of having to be sold if the debt is not paid.
The question of whether such a signature would stand up in Court is a very difficult one - it might depend on evidence of her mental capacity at the time she signed & whether she was put under undue influence by him. Also, the steps the lender had taken to ensure she was independently advised might come into it.
Has your father's estate been wound up yet, & probate obtained? Do you know who he left his share of the house to, if it was owned as a tenancy in common? (If it was a joint tenancy then his share will have gone to his widow automatically, regardless of his will.)
Unless he is an owner, your brother cannot use the house as security for a loan. The fact that he lives there is irrelevant. He is no different from anyone who rents accommodation. However, he could get your mother to sign an agreement - but the loan would have to be in her name - or possibly in joint names of him & her.
If he gets her to sign as a guarantor that does not secure the loan on the house, but it does mean that if he defaults the lender can pursue your mother & eventually get the loan secured through Court action. The house is then at risk of having to be sold if the debt is not paid.
The question of whether such a signature would stand up in Court is a very difficult one - it might depend on evidence of her mental capacity at the time she signed & whether she was put under undue influence by him. Also, the steps the lender had taken to ensure she was independently advised might come into it.
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