My mother died in October last year. She had her own house but she took a loan out from some loan company and they took the deeds to the house.
I know she still owed money to them how do I go on getting the deeds back? I have tried to get in touch with them and they just keep saying we will ring you back but never do. What should my next steps be?
Sorry to hear about your mother. If the loan company took the deeds to your mother’s house, that means that they have a charge on the property. As you mention that your mother still owes the loan company money, this will need to be paid back. You haven’t mentioned whether or not you have the grant of probate yet (assuming your mother made a will) but given that the loan company is still owed money I assume that this is yet to be done.
The Estate
Now that your mother has died, someone will need to be responsible for dealing with her estate. This could be money, property and possessions that she left. The person (s) who is responsible for this is authorised to gather together your mother’s money and pay off debts. Any money left will be distributed to those who are entitled to it.
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If your mother made a will the Executor will be nominated as the Personal Representative. Once the Executor has a grant of probate, they can deal with your mother’s affairs. If your mother didn’t make a will, usually the next of kin (perhaps this is you?) will be named as the Personal Representative, and a ‘grant of letters of administration’ will enable the PR to deal with your mother’s affairs. You don’t necessarily need to use a solicitor to apply for a grant of probate, but the forms you need to fill out will depend on where you live – so you’d be better off contacting your local probate office for more details.
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Probate Papers
Assuming there is a will, first the size of the estate has to be ascertained, in order for probate papers to be prepared. Then a grant of probate can be applied for, as long as inheritance tax has been paid. I do not know the size of your mother’s estate, nor whether it reaches the thresholds for payment of inheritance tax. Bear in mind that inheritance tax has to be paid before money is released (there are ways to arrange this - speak to a solicitor for further information.)
A Probate Solicitor
However given your concerns over retrieving the deeds to your mother’s house, consider speaking to a solicitor about your concerns. A solicitor may also be able to write to the loan company on your behalf to request the deeds are released to him/her or you. Local solicitors specialising in probate can be found on the Law Society website.
I paid for the initial consultation but it soon became apparent that the dispute could cost more than the value of the house. So I did not proceed it has now been 6 years and I have had several emails promising the return of my title deeds but nothing ever appears.
The title is not registered with the Land Registry.
The solicitor is no longer practicing but the SRA gave me their email if I hear nothing again what is my next step?
It aloud me to pay off my depts.
I have now had my inheritance and have paid off the mortgage that my son took out on my house.
Do I just need a solicitor to take my sons off and then add mine on again.
Hope you can help.
I paid for it in full.
I got married in 1987.
Her interest was entered on the deeds--without my knowledge .
We divorced in 1995.
The settlement did not mention the land--as I was not aware of the entry.
Now that I am sorting out my affairs/will ext. I find out that about the entry.
I don't owe her any money.
The Landregistry and I want to contact her for the release of the entry--
butI don't have a forwarding address.
I tried searches like 192 ect--but have failed.
What do to get the entry off the deeds?
Thank you for your reply
Christian-Frederick
I paid for it in full.
I got married in 1987.
Her interest was entered on the deeds--without my knowledge .
We divorced in 1995.
The settlement did not mention the land--as I was not aware of the entry.
Now I am sorting out my affairs/will ext. I find out that about the entry.
I don't owe her any money and I don't have a forwarding address.
What do to get the entry off the deeds?
Thank you for yor reply
Christian-Frederick
Do I need to see a solicitor or is it easy enough for a lay person to undertake. Also, as no money is changing hands is it the case thst there would be no stamp duty to pay.
Information would be much appreciated.
They have advised that I contact a lawyer to have them released. Is there a cost to this and if so how much. I live in Scotland..
There relationship ended 2yrs after they purchased the property and at the time her former partner refused to buy her out or return her deposit.. he remained in the property. My mother its seems just gave up. Going through her belongings we found information that her name is still on the title deeds and her will states that her estate is left to her children. We also found a letter from her solicitor informing him at the time she is happy for just the return of her deposit and she will sign the property over to him, he refused to cooperate. Now 30 yrs later and sadly after her death we have checked with Land Registry and she is joint owner tenants in common and the property could not be sold without her permission.
We have contacted him and said we only want back the deposit she paid with interest but he still refuses to cooperate.
The mortgage is paid off and we have been advised the following; they paid £14k for the property my mother put £2k deposit as well as contributing to the payments when they lived together. The property is now worth appx £300k he is entitled £12k plus upkeep however much that may be and the balance would be split equally, but he is refusing to allow us to value the property what should we do? any advice would be appreciated. Thank you.
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