My brother and I are both executors and sole beneficiaries of our late mums estate. We would like to distribute the estate as simply as possible, but we're having difficulty finding clear answers that don't assume we are trying to achieve some form of tax evasion or ripping each other off. Any legal adviser to date is just creating work for themselves and leaving us more confused, which was the same as just before I decided to manage the probate process myself saving between £700 - £1000! Mums estate is made up of a few hundred pounds (let's say £2k max) and her mortgage free home, recently valued by Esurv at £85k. Note: on the hmrc forms we estimated house value at £120k as there had been no similar house sales in the area for some time. There are debts to be paid from this before distribution. We would like to distribute mums estate as follows: 1. Pay mums debts and all bills relating to mums estate and the upkeep since mums passing from the estate. 2. Transfer the house directly into my name with land registry. We have the physical deeds and mum is the registered owner with Land Registry. I would then like to pay my brother the sum of £35k in 3 parts, which we think will be equal to 50% of the remainder of the value of mums estate. And is the sum agreed to given my input in the upkeep of the house since mums passing. This would be a payment from me and would be paid: £10k immediately and a promissory note/agreement to pay the remainder in two parts; £10k spring 2015 and the remainder by September 2015. My brother is trying to help keep mums house in the family and wants to help me to achieve this. He does not need the cash in a lump sum and knows that, once I can achieve a high street mortgage next year, he will have access to any monies outstanding. At present I cannot access a mortgage as I have a 5.5yr old ccj for £252, I own my own business and will not have full two years of accounts until November 2014 and we have technically only 'owned' the house for less than a year as grant of probate was given in November 2013. So, we need to know: 1. Can we do the transfer with Land Registry? If so, is there a place/formal way to set out why we are transferring to one and not both of the beneficiaries, which is acceptable, legal and binding? I understand that we must leave a clear trail not just for ourselves but for future owners/purchasers. 2. DIY Land Registry: As I successfully completed documents for the grant of probate we assume/have been advised that land registry assent/transfer would be achievable save for the part where the exchange is to one not both of the beneficiaries? 3. Conveyancing: Do we need to do this? It is likely that, should I need to take out a mortgage next year to fulfil my debt to my brother, I will need to through the conveyancing process at that time. 4. Can we use a promissory note to note the payment schedule to my brother? 5. Can we draft this promissory note ourselves and have it notarised by a solicitor? 6. Do we need more than one lawyer to achieve this? Some are saying 'yes' as I am executor, beneficiary and 'purchaser'. I am hoping that someone out there can either provide or signpost us to a less biased responses to these queries and we can move forward at this painful time! Many thanks in advance.

Not strictly bailiff stuff but someone who knows council tax law on here might know the answer, it has gone to enforcement by the way costing many times the amount we previously owned even though I tried a reasoned debate about this. We bought a property to refurbish around December of 2013. It was empty for a few weeks before someone moved in. The council issued a bill for the few weeks it was empty and when I called for an explanation they said although they don't charge council tax for an empty period of two months the previous owner had already used that allowance up for that year so we had to pay. It seems the allowance is on the property rather than who owns it. Now, how are we supposed to know that this "allowance" was used up? Who make this stuff up? The council obviously but is it legal? It would surely be illegal for unknowing jeopardy to be unlawful? We dropped ignorantly into a charge that we could have known nothing about. I think the reasoning might be to prevent evasion by changing ownership but we are not related in any way to the seller and in any case it costs money to assign a property.

Hi I may not be in the right forum but I need to know that I am a trustee of the property. Mortgage is on my son's name and I provided the funds and we set up the Trust that when ever he wants to sell it I will be sole beneficiary. We did this to protect for any unhappy events he face like divorce. and Now he is in between divorce and his ex left the house. I want to rent this or sell but she has put her interest with the land registry although she only lived 18 month in this so called "matrimonial" house. My moved back with me and property is vacant right now. I am concern about the mortgage payments. What are my rights being Trustee?? I can explain more if any one need to ask any questions. Thanks in advance for your help.

Can I ask for some guidance here please. My son is finally moving out into a rented property, it's part of an extension which was once a care home. The flat is a studio type apartment with a kitchen area, living area, bedroom area and a separate bathroom. It looks like a terraced bungalow. Anyway, I don't trust the letting agents one bit.....maybe I'm being a little picky! We have had a look at the tenancy agreement which looks ok but they have also said that he must take out insurance to cover the property in case he damages it, is this correct. I would have thought that it is the responsibility of the owners to pay for buildings cover and that if my son did do any damage to the property that it would be paid with the security deposit which is £500. We are also concerned that the letting agents have passed my sons details to an insurance company who have sent him a quote for the property for 12 months, the tenancy agreement is only for 6 months. We are also concerned that the property does not exist on the post code that they say relates to the property. The property is still being renovated, the main part of the house is nowhere near being completed it's just the flats at the rear of the property that have just gone on the market. So my questions are Does he have to take out buildings cover Is it legal for the estate agent to pass my sons details to an insurance company for a quote. How is it possible for said company to quote on the property when it does not have a valid post code. What happens if he does take out the insurance and the tenancy ends after 6 months, what happens to the rest of the 6 months insurance. Does anyone know of a decent insurance company that we can get insurance from. Thanks peeps x

Property Fraud: Shawbrook Bank and Mortgage broker NRG ltd. I would like to contribute my experience to forewarn others of the type of property frauds that exist which snatches your property in an ‘organized way’ or rather what I would describe as ‘organized crime’ which could leave you unexpectedly damaged due to a planned repossession by the organizers. The property industry like any other will have plenty of corruption opportunities in it so the consumer needs a lot more protection than what we have today. It will take up a lot of space to describe my full personal experience I am going to focus on just listing the sort of behaviours people need to look out for. But briefly my situation was that I had some capital to pay for deposits but I was unemployed, however property courses teach us that we can solve this problem by joint venturing or teaming up in a partnership. Quite unexpectedly, I found such a partner but as he trusted his broker due to his own property portfolio achievements, he asked me to trust this broker as well. I offered the partner a free 10% ownership plus no costs to be born for his 10% ownership. Unfortunately the broker was not loyal to this venture ie to me but pretended to be. The broker who carried out the following acts on me is called NRG Ltd, (Mr David Beck) in collusion with his bank contacts at Shawbrook Bank. Mortgage brokers just like any other salesman have plenty of scope to misguide us deliberately into very expensive, complex and unwanted strategies/products which are designed to give them and third parties extra control over you and to steer your acquisition process according to the outcome they desire which can in a many cases be to snatch/grab your property from you because they see profit in it. Brokers can pretend that the options are few when in reality they just don’t want to search for companies with a favourable mortgage product for the client because the broker and his mates wants your property. So they want to direct you only towards the company in which they have their known contacts established because they need their contacts to study your bank balance and arrange for delaying the bank decision for as long as 4/5 months until all your money or financial budgeting is exhausted or out-of date, and you are about to lose your vendor and purchase. 3 Particularly vulnerable are new investors (eg myself) who might not know the loop holes in the process or implications of using a bridge loan, or how a short-term loan contract might be abused to lead to a repossession opportunity for the bank on behalf of those who want the property. But only a disloyal broker will be one who does not explain all these things when offering a complex strategy because they want you to fall into their pit of tricks and traps. 4They will use a false promise or description to lure you /force you into a short-term contract but once you have entered it, all they have to do is come up with a lying excuse not to do their job of executing the tasks which involve delivering their promises or the representations made before the contract. They then pretend they are trying out new applications for you, urge you to spend more money eg on surveys and more for their fees for trying, but at all times they coordinate with their contacts at the bank to refuse the application. These refusals can be identified as false due to the way they rely on a ‘subjectivity’ or arbitrary basis/criterion of judging and not a coherent, evidence based, law based reasoning. 5 What most people will be unaware about is the extent of how far they coordinate with their bank contacts in order to create a repossession situation. In my case this was very simply achieved. They knew I had only so much savings to be able to fund only one set of mortgage, brokerage, legal, survey fees, but they did not want to me to opt for the long-term mortgage ie they had manipulated me into the short-term loan method against my wishes; so this created the on-going process for more application expenses needed to be repeated within the short -term contract, so one become trapped, as one no longer has the money to finish off the strategy. Furthermore, there was a purpose why the bank waited 4 months to issue the short-term loan contract, this is to reach the point when the threat of losing a vendor becomes imminent, which enables them to impose unfavourable loan terms at the 11th hour. After 4 months of waiting, the option to pull out is not the same, it would only happen at the expense of losing the property as the vendor will be too frustrated. This way we are channelled into taking on a risky route that would otherwise never have been taken, had we been told in advance all the missing information and that a bank might take 5 months to decide. This bank is called, ‘Shawbrook’ famously known for their mortgage packages being most expensive. 6 After the first 6 months of ownership, I had received some extra money to finish off the rest of the 3 separate mortgage applications (this strategy was about 3 flats needing to be converted to leases first) the broker started coming up with new excuses not to try. He started saying that the 3 applications were going to be too expensive and that my only hope was to apply for a long term mortgage with the same bank. The question is why has he taken me through a short-term contract to : 1) identify that the 3 residential mortgages would be too expensive compared to a single mortgage when he should have known this from the beginning, and, 2) if the only option is to end up with the same long-term application then why did he not opt for this the first time around and saved me this unnecessary repeat application ? The answer is that they wanted me to be depleted of funds as that is s the surest way of setting the scene for repossession process. This bank then took another 6 weeks to deliver only an indicative offer (meaning it was an uncertain and unconfirmed offer) but after noticing that I had some funds injected to proceed. It struck me as abnormal that a bank who had already received regular mortgage payments from me is now having difficulty doing an internal conversion from one of their own loans into another one of their own loans within reasonable time, knowing that by this stage I will have spent thousands of pounds reaching this uncertain stage which meant the property was still not mine. I did not understand why it was only an indicative offer given that I was promised by the broker that after I had spent 6 months proving myself of keeping up mortgage payments I would qualify for such entitlement better than when I had started out. Furthermore, I was in a partnership arrangement with someone who had a strong income record and a property portfolio themselves, yet I was still not being given the trust that normally would have been given in this situation. It turned out that they wanted to find a new excuse to fail so they asked to inspect all my bank balances and at this stage I started to feel that this short-term loan contract was just an excuse to spy more into someone’s personal situation irrespective of whether it was relevant to judging the mortgage payments or not, which had already been met consistently. There was another long delay, this time it was reaching nearly the end of the contract, infact exactly a week before the end date I was given a ‘declined’ decision based on my bank balances. But they discriminated me in that they said they would be happy to grant the mortgage to the partner only but not in partnership. In other words this decline was to exclude me from the purchase after it was my capital that had paid for all the acquisition costs, repeat applications, renovations and revaluations to the property, so it was in a ready-made state for someone else to takeover. This tactic (of using the indicative offer to hold on to my time waiting to the end of the contract) was to leave me facing a short notice sales decisions, coupled with a large increased interest rate penalty for not paying off a bridge loan within 3 weeks, was deliberate to create a pressure point so as to force me to give up the property to an auction where they can pick it up for cheap or be forced to compromise on sales price so that their secret buyers and agents can pick it up for cheap. After this news, I searched for other property experts to consult, and I was horrified to discover that the 3 mortgage applications were meant to take place at the beginning along with the lease conversions so that a short-term mortgage was not a threat of uncertainty. So I had been well and truly mislead. Yet this broker claimed to have 16 years of experience who had taken my ex-business partner through this process with success for him and others. There were many other clues, evidences which will make this report too long to describe that the broker was in cahoots with the bank to achieve this outcome. Does anyone know the best action on this matter?

Looking for advice on this tricky subject. Basically our 5 young people moved into a multi-occupancy house on 15th August, and I am one of 5 parent guarantors. There were several problems with the property when we arrived to take up occupancy on Sunday 24th. There were only 2 bunches of keys immediately available (not 5) and the front door locks are faulty needing work. One room was still being treated for damp and the work has not been completed The garden at the rear of the house was requiring a lot of work and was cluttered with dangerous obstacles. This still needs attention. One fence needs raising but in the meantime a dog has come through that fence and bitten one of the young people who went to A&E and reported incident to police. We have not been given an inventory and have not been given a valid gas or electricity certificate or a fire plan assessment. There is a smoke alarm downstairs only which appears broken with no evidence of having been tested. The landlord has made some efforts since the tenancy started - ordered new mattresses on request and had the house cleaned (albeit both things to a substandard). We have written to appeal that we be refunded the rent paid for 14th August to 1st September but the landlord has declined saying that the house met all statutory requirements. The landlord is prepared to continue the necessary repairs at his pace, which we are happy with, but the quality may be an issue. We have all photographic evidence and written correspondence throughout. We are lacking the necessary legal expertise to determine what rights we have in this situation and wondered if anyone out there might be able to advise or direct us. Cheers

My daughter has just bought a terraced house within a row of ten properties. Each "pair" of houses has shared drainage and sewage piping as was common in many terraced houses. I was rather amazed to discover today when I visited her house for the first time, that she has THREE houses connecting onto her own single guttering down pipe in a "waterfall" like series of connections along the roof line. All of the other houses have shared downpipes between two houses. My daughter strongly believes that what she thought was damp walls caused by rising ground water might actually be caused by overloaded guttering. Is it legal to "discharge" rainwater like this.? I am sure that neighbours will not want to know but who should she approach once the neighbours walk away. Is there any point contacting the local authority planning office.? Who else might be able to assist.? Any help or suggestions would be much appreciated.

Hi I owe around £60k to approx 8 different companies in the form of loans and credit cards. I have been chased for these debts for a number of years and have CCJ's. I am only just in a position to start paying something (my ex left me in the lurch previously). I own my own house and I own another which gives me a small rental income, both houses are in negative equity. I am looking into what would be the best solution for me, I am thinking an IVA. Has anyone got any advice as to a way forward for me. Regards Penny

My partner and I rented out a property about 2.5 years ago. It looked OK but on closer inspection it was riddled with damp, when you took the wall paper off there were big holes and chunks out of the plaster etc. We spent a fortune doing it up to a better standard - it was a labour of love for my our new business, so it was worth it. Its a tattoo business. We found out 3.5 weeks ago that the property is up for sale, along with the flats on top of and beside it and the carpark (1.5 acres altogether) and whilst the advert talks about the tenants and the rental they bring in £19K altogether, it also says that the leases are available to view and that the land is 'ideal for development'. Its up for £375,000 so if someone were to take this on they would have to wait the best part of 20 years for their money back. the advert is quite clearly selling all the land for someone to build flats. Thing is, the landlord and letting agent didn't even let us know it was up for sale! We only found out because a) business went from booming to dead, in about a week - in our busiest season. And then because someone came in clutching a rightmove printout with the shop on it and saying that everybody thought I had closed up - all the photos are inside of the shop, along with all our equipment. it looks like we have shut down and they are selling! Add to this a man came into the shop and was talking on his phone about planning permission and wanting to look in every nook and cranny when a customer was there. The agents say we should have realised as they sent someone in to take photos. But the photographer said that they were not selling it and that it was for valuation. Now the agents are saying they sent a letter, not received and very probably not sent. She also says we should have refused the photographer access to take photos inside, but why would we if the landlord was getting a valuation? Anyway, cut to the point - we've left. We've only given 2 weeks notice til the next due date for rent and this is less than the month required. It makes no difference though as because everyone thinks we are closed, they have gone elsewhere, I have lost regular customers and bookings and am not earning any money. They have effectively destroyed my business. I've lost most of what I earned. Its going to take a long time to build back up and I can't do it here. The agent and landlord say we are not due any money back. I just want my deposit back, (we are only talking 500 quid) but he is not having it, I can't start again without the months deposit I put down. We spent all that time and money on it and they have just gone behind my back. At least with a bit of notice I could have put advance warnings out on our webpage / FB. Is there anything I can do?

I took a £20k secured loan out about 1 and a half to 2 years ago now and been paying the extortiante rates back since. Never missed a payment till now. Ive hit financial difficulties and need some help. I believe my CCA in incorrect and am considering putting it into dispute also. I sent of the subject access request and the CCA request along with 2 seperate postal orders. One for £10 and one for £1. I received a letter today saying thanks for the requests but please send a cheque for for £1 and the £10 !! My postal orders were no where to be seen or even mentioned in the letter !! Totally Stolen by Welcome !! Whats the best route now? I really dont want to send cheques as ive heard they can uplift signatures. I sent them recorded delivery and never signed the letters as I was told just typed my name. Help !

Hi A friend of mine (tenant) received an email today from their Letting Agent which was meant for the Landlord. In the email it stated: I think she is looking to buy your house for buttons!!! With his winnings from Cage Fighting no doubt!!! Lol... There is no lease so we can give her a months notice, but i'll double check this info Think they brought slugs back from their seaside trip!!! Did I mention, my opinion is they are from travelling stock! They have 2 small children and have been asking the agent to fix issues they have been having with slugs for 3 weeks now and were blatantly mocked and slandered for no reason as she was caught out with the email going to the wrong person! They are on a rolling contract atm What rights do they have in light of these comments? Any help appreciated. Thanks

To be precise 65 days ago I ordered a custom paper cost almost £250 to be written for work and received it , the material was completely off topic and of a very poor quality. I used paypal to pay for the item but the funds came from my barclays account. I am now past the 45 day dispute from paypal( annoyingly) but was wondering whether I would be entitled to a refund by barclays (I have a personnel account).On my statement the transaction will appear as a paypal payment on barclays so am just wondering what the best action for me is. Any thoughts please would be greatly appreciated

In 2011 I was in a whole ton of debt, it was all unsecured loans and my mortgage was in arrears and my home was in negative equity. So I decided to give up on everything and move to Australia and start a new life. The house was taken back by the bank and I just said to hell with the unsecured debts. Now 3 years later I checked my mail at my mothers house when I came home for a visit. Only to see that there has been a Charging Order added to my mothers property for a debt that was in my name. I dont own any percentage of my mothers property, nor is my name on the deed. How can this company even do this legally? What advise do you have please? Any help would be greatly appreciated. Thanks

I have been fighting with Chandlers about oustanding CTAX that is owed, We have never granted them access to the property but now a Bailiff is claiming he is getting a warrant to force entry on monday to remove goods, can he do this or is this just scare mongering? Have spoke to Bexley council and they have said once its handed to bailiffs there is nothing they can do despite the fact we never received any warnings our account was in arrears, the first we knew we had Bailiffs at the door, and they have refused any sort of payment other than full payment, Any advise would be appreciated Regards Kieron

I have a judgement against a debtor who owes me £35,000. I hope to place charges then force a sale of property he owns to get my money back. I know he owns quite a few properties he rents out. Is it possible to find out the addresses of his properties via the Land Registry? Thanks.

Hi all, My husband and I have been given 2 months notice to find somewhere else to live by our landlord, as they want to sell the house. We've applied for a house we like through an estate agents - we've applied in both our names and paid £42 each for the credit check. My question is, well more of a concern really... we both have a REALLY bad credit score, we are in debt to multiple credit card companies etc though we have very recently put repayment arrangements in place with them. I have a CCJ but I made the estate agent aware of this and they cleared it with the landlord of the property we've applied for. She doesn't have a problem with it. So what I'd like to know is - is the credit check done to check our credit score? Or just to check that we don't have any CCJ's or other things that we didn't declare in our application? Thanks

Hi guys I'm not sure if I have posted this to the correct place but i'm wondering if anyone can offer any advice. There is a row of houses on a road plus a detatched house which have been boarded up for many many years and are quite dilapidated now. The council owns them, and I have asked if the council could sell me the detached house and I would renovate it as I cant afford to buy a house at the prices they are and will never get a £200k mortgage. I have worked since I was 15 and never been on benefits but because of this im not entitled to any help, even when I was made homeless because of family issues, I worked I was not a priority so had to rent privately as the council would not help. Anyway back to the point the council have said that they are looking to demolish the houses so that they can build new ones, which I think is completely pointless and a waste of money they only need a few thousand pounds spending on them to renovate and I want the detached one so it wont be affected, they haven't actually got planning permission to demolish the detached property yet. How can I get them to sell me this they are wasting such a great resource and I could turn this in to such a beautiful home for my family.

I have an outstanding bill from my previoius property which we vacated nearly four years ago. The debt at that time (October 2010) was passed from British Gas to a third party debt collector. An agreed monthly payment was put in place prior to moving. Once I had moved I notified the debt company of our new address. Due to various personal reasons I stopped the payments. on 2nd May 2014 the debt was transferred back to British Gas and they have added the old debt (£1188) to my current gas account at my new property. The monthly direct debit for gas at my new property prior to this was £20. They have now demanded £138 per month, which I cannot afford to pay. Are they within their rights to transfer an old debt to the new property, seeing as the debt is for gas not used at the current address. I have offered a payment of £55 a month but they are not happy with this. I am the sole wage earner in my house so money is tight. My wife cannot work due to a serious illness she suffered seven years ago and at present not receiving any benefit. Not sure whether I could apply to the Trust Fund for help, but think this may have a wage threshold. Can anyone help on this?

I recently moved in with my girlfriend, we now have 4 cars parked, wholly within the paved/tarmac area fronting the house, so none of us touch the pavement, road or adjoining properties. Our neighbour is complaining that she can see cars from her lounge window, we have searched all of the relevent paperwork, but can find no restrictions as to where we can park on our own property. we do not want to be confrontational, but does anyone know of any rights she has in this case, the cars are all standard (no noisy exhausts, flashy spoilers etc) I think that she is just trying to flex her muscles in her role of perceived queen of the Cul de Sac.

Hi, My question is regarding the following charging order: This was granted following a CCJ against one owner of a jointly owned property. I have not been able to dig out all the documents relating to the hearings for the interim and final charging orders (I am not 100% sure there was a final hearing but it seems fairly likely). To me, it reads like this is in the interim order and that the final order was never registered (I believe this is a separate process?). Could somebody confirm this and what rights it conveys to the creditor - I think this is Form K? What does this mean in the event of a sale? How would the creditor reclaim their money from the party that the charge relates to? I don't think this would be automatic? Thanks very much for any help in relation to this - it's new ground for me! James

hello there my dad and his wife have recently split up and she is moving to spain with her new partner. while they were married for 30 years his wife accumulated £25k debt which has been charged against the house five years ago. all the debt was in his wife's name will he be liable for the debt now if he sells the house? she has said she wants no money from the sale of the house but also confirms she wont be paying the charges against the house? this is all new to both my dad and I and don't know who to speak to or what to do. any advice would be greatly received thanks.

Details of the letter received from Hammersmith and Fulham council: "Empty property at address in Hammersmith and Fulham Having send a number of letters by post and by hand, over the last 6-months, I am writing one last letter in order to try to get a response. Should I fail to be contacted by anybody with an interest in the above property by 30 April 2014, my next course of action will be to serve a Notice of intended Entry (Local Government - Miscellaneous Provisions) Act 1976. In bold red writing. Should this Notice also be ignored, I would then need to employ a locksmith in order to force entry into the property." I'm not sure how common this is, but I received the above letter and it was addressed to, To Whom It May Concern from Hammersmith and Fulham council. If a letter is not addressed to me then I will always return it to the sender. I opened the letter by accident and it is important to note that the property is not empty as I have lived there for more than 2 years. I must have returned the previous letters which Hammersmith and Fulham council claim they sent. When I moved into the property I registered to vote and for council tax. I don’t understand what Hammersmith and Fulham council motives are. Especially as this is a private dwelling which is not empty. I do not want to waste my valuable time with any of the cretins in Hammersmith and Fulham council, therefore what legal action should I take to stop them from entering my property under the guise that it is empty? How do I deal with Hammersmith and Fulham council? How do I stop Hammersmith and Fulham council from ever setting foot on my property again? What does Hammersmith and Fulham council really want to do with my property?

Good Morning CAGgers, I'm after some info please. My wife and I are purchasing a flat and we're unsure about whether we have to pay SDLT or not. The purchase price is £125,000 which according to gov.uk and HMRC website falls below the SDLT threshold, but I'm also starting to find things about because it's a flat and a leasehold property there may be SDLT to pay on the lease. The flat was built in 1979 with a 999 year lease so that leaves 964 years left (long after I'm worm food lol). The rent on the property will be £150 twice yearly. Please can anyone help as to whether SDLT is payable and how much...and maybe explain it in easy to understand terms unlike the government websites? Thanks Steve

I recently made and withdrew an application to the Property Chamber to challenge the validity mortgage deed based on in CAG and I was forced into a situation where I had to pay a lender thousands of pounds in arbitrary "legal charges" before a hearing and was threatened with more to come if I didn't withdraw my application and pay the charges. This all happened the day before their deadline to commit a response to my Chamber application and I ended up losing thousands of pounds with no hearing. The only online record of the hearing I can find is here: http://www.lightfoots.co.uk/about-us/news-and-subscribe/item/196-a-charge-in-deed by one of the solicitors representing a lender. I will include this in a post below in case it gets lost or removed. It appears that none of the points made in the original thread nor in the template application were actually considered in the judgement. On the issue of mortgage by demise I signed a charge by way of a legal mortgage deed with "Full Title Guarantee" which according to this definition http://uk.practicallaw.com/8-107-6622?service=property is a full disposal of the property (i.e. its bricks) not disposal just a certain set of rights. The judge said that there was no mortgage by demise but a legal mortgage with Full Title Guarantee IS A MORTGAGE BY DEMISE for all intents and purposes. On the issue of statutory formalities there was no mention by the judge of a lenders duty to sign a deed where there is an obligation for further advances and the fact that there is a requirement for a lenders signature on the land registries CH1 form in this instance. Why also was there no discussion of the very clear instruction of the LRA2002 section 91 para 4 which clearly states the requirement for a lenders signature on a deed? Here it is black and white: http://www.legislation.gov.uk/ukpga/2002/9/section/91. Is it simply the case the judge missed that little bit of legislation or that somehow the deed was not stored electronically? These hearing appeared to be a complete whitewash of the facts and statutes by a judge who seemingly did not understand the rules nor the statute and I understand that the CAG has been actively attempting to prevent all further discussion on the issue. I personally lost £thousands and I didn't even reach a hearing and I understand that others did too on an issue that is very clearly unresolved. I would value the objective opinions of experienced professionals on this issue...

My husband and I separated almost two years ago, no kids, fairly equal salary/savings/pensions/cars and we have a joint owned property. He lives in the property which has been for sale for 18months with no sign of selling and he is reluctant to reduce the price. I would like to move forward with a divorce, which i understood from legal advice already would be fairly simple under the quite equal circumstances but we would need to sort a house sale. My husband agreed with the sale as does not want to keep the house, he does not want me to buy him out but with no sign of sale what can i do next?