Need some housing advice.

AdamD · 21-09-2010, 17:16

My current situation is as follows..

I share a house with my uncle and father

My uncle and I pay the mortgage, my father put down a 60k deposit on the house (thus, he doesn't pay the mortgage)

As mentioned in another thread, here - http://www.cableforum.co.uk/board/22...ncle-fire.html

My uncle is nothing short of a nightmare to live with, so, we want to change things.

We've tried speaking to the guy calmly about the problems we have with him (there are many, many problems) and each time, he flips out and starts cussing at us and generally throws a tantrum befitting a 10 year old.

My father has recently met a lady friend who he's now dating, so to speak and he would like to sell the house, him and I move out and all three of us would hopefully buy a place.

So my question is, is there anyway we can get my uncle to move out?

And if he refuses to do so, would we be able to put the house up for sale, if he didn't want to move out?

I know this might come across as a little unfair on my uncles part, but trust me, his past actions and problems, warrant something as drastic as this.

Any advice is appreciated.

Taf · 21-09-2010, 18:41

Who is named as owner on the mortagage docs?

Paul · 21-09-2010, 19:26

If he can show he has been contributing to the mortgage you may have trouble on your hands if he takes legal advice.

AdamD · 21-09-2010, 23:21

Quote:

Originally Posted by Taf

Who is named as owner on the mortagage docs?

All three of us.

22-09-2010, 00:00

Quote:

Originally Posted by AdamD

All three of us.

Then you need to consult a Solicitor, as far as I know you have to agree and sign for consignment of your joint ownership to a putative single 'owner' that can sell the property as your proxy. That 'consignee' then transfers the benefits of the sale to the original owners as per the drawn up agreement.

The important thing is not to make it difficult for the buyer - their transaction is much easier if it is with one seller.

I may be wrong on the details, but consult a solicitor to find out ...

AdamD · 22-09-2010, 00:41

Thanks Gazfan, we're hoping he'll just move out, when asked and transfer the mortgage to our names.

If not, well I guess we'll have to sell up.

danielf · 22-09-2010, 00:58

Quote:

Originally Posted by AdamD

Thanks Gazfan, we're hoping he'll just move out, when asked and transfer the mortgage to our names.

If not, well I guess we'll have to sell up.

He'd be stupid to transfer the mortgage to your names. He is part owner of the house, and therefore has a stake in possible proceeds if the house were sold. More importantly, he has a say in deciding if the house is to be sold or not. If your uncle is on the deeds he can block (or at the very least delay) the sale of the house. You need to get a solicitor. Pronto! You're in a serious muddle that could take £££££££££ to sort out depending on your uncle's willingness.

Caff · 22-09-2010, 05:13

Quote:

Originally Posted by gazfan

Then you need to consult a Solicitor, as far as I know you have to agree and sign for consignment of your joint ownership to a putative single 'owner' that can sell the property as your proxy. That 'consignee' then transfers the benefits of the sale to the original owners as per the drawn up agreement.

The important thing is not to make it difficult for the buyer - their transaction is much easier if it is with one seller.

I may be wrong on the details, but consult a solicitor to find out ...

I can't agree more - sounds like such a family/sticky situation.

Pay some time to find out who might represent you best... as in do I know anyone who has had this kind of experience with legal dealings.

**Maggy J** · 22-09-2010, 07:44

Well apart from getting your uncle sectioned I think you just have to bite the bullet and pay for legal advice.

Flyboy · 22-09-2010, 11:52

It doesn't rally matter what your uncle has or has not done, or what he is like as a person, he as much right to the property as you do. He has paid his share of the mortgage and his name is on the deeds (I presume it is held in tenancy-in-common, rather than joint tenancy).

Your options are (from what I see), is that you could either ask your uncle to buy your shares of the property, or try to sell your shares to someone else. It is unlikely that he would agree the former, but if you take the action of the latter it may prompt him to do something about the situation. Saying that though, it is not easy selling a tenancy-in-common share, very few buyers would be interested in such an arrangement and you may be forced to sell below market value.

AdamD · 21-10-2010, 23:49

Quote:

Originally Posted by Flyboy

It doesn't rally matter what your uncle has or has not done, or what he is like as a person, he as much right to the property as you do. He has paid his share of the mortgage and his name is on the deeds (I presume it is held in tenancy-in-common, rather than joint tenancy).

Your options are (from what I see), is that you could either ask your uncle to buy your shares of the property, or try to sell your shares to someone else. It is unlikely that he would agree the former, but if you take the action of the latter it may prompt him to do something about the situation. Saying that though, it is not easy selling a tenancy-in-common share, very few buyers would be interested in such an arrangement and you may be forced to sell below market value.

I have no idea what it's held in, I didn't know there was a difference

I would assume it's a joint tenancy? Not sure.

But, in other news, we got a letter through the post today to say our mortgage hasn't been paid for the last 2 months and the matter has been sent to a collection agency (The letter was from the collections branch of "Santander")

He claims the bank "lost" his shares and it messed up his direct debits, but the letter can be tossed out, as they are aware of the situation and the reason we got the letter is just "Procedure"?

I don't believe him, for several reasons, namely he's been waiting outside everyday for the postman/girl for the past 3 months and the one day he isn't here to intercept the post, is the day we get the letters.

This guy is completely useless, and that's putting it mildly.

Paul · 22-10-2010, 07:19

You need to get in contact with the bank yourself if you can, things don't go to collections agents unless letters / contact has been ignored continuously.

**Rob** · 22-10-2010, 11:20

If the bank has sent letters warning of non payment of the mortgage you need to act now to clarify the situation. Whilst banks don't take reposession lightly your credit ratings will already be affected, and if they do have to go down that route because nobody is dealing with the issue on your side, you won't be worrying about how to sell, you'll be worrying about whether you will one day have any money or an ability to put a roof over your head.

Ownership with joint mortgages is complex, and you will need to see a solicitor. Given the mortgage non payment confusion you need to do this pronto, even if it is costing you. The Citizens Advice Bureau may be able to point you in the right direction.

Realistically you will not be able to sell the property easily while there are issues with the mortgage as you'd need to get the mortgagor's consent. You'll also have problems unless all owners are agreeing to sell. Each party has a stake in the property, at least equal to their financial contribution.

**Maggy J** · 22-10-2010, 13:04

You need to consult a solicitor..

AdamD · 23-10-2010, 10:43

Yea, we plan to
Had four letters in the post today, all for him, one was definatly a final demand letter, as you could see the big bold red print through the envelope.
Looks to be from a credit card.