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    • Hi, I am a local authority tenant and was in a 3 bed house. At the end of last year, my last child moved out and so did my spouse as we are now going through a divorce which meant that I was in the house alone and decided that I needed to downsize not only for myself but to offer the property to a family that needed it. I registered on the local authority housing bidding site as i was asked to do and I was accepted and given a priority banding as I was downsizing and they were desperate for my house. I have been extremely lucky and after about 6 weeks was accepted for a new build from a housing association via the housing gateway. I viewed the property 2 weeks ago and had to sign the tenancy last week when they were doing bulk signups for the houses and that is the day I moved. In between viewing and sign up, I contacted my current local authority landlord and asked how I give notice as I had been accepted for a property I had bid on and was moving.  The lady told me how to do it online and then said that I needed to give a full weeks notice which wasnt a problem as I had enough time.  (I was also told a weeks notice was what i would need to give by another staff member about a month ago when I phoned up for another housing related question.  I dont have any of this in writing.) I have now moved, handed back the keys and I am now being told that I need to give 4 weeks notice which I cannot afford. I hav e spoken to the council again explaining that I was told a week and that to be honest, if I knew they were going to charge me 4 weeks I would not have been able to move and would have stayed in the other house.  I thought I was doing the right thing. They said that calls are recorded and they asked me when I called in and was told a week and they would listen to the telephone conversation and if it was correct what I was told, they would see what they could do to reduce the notice period. They have now emailed me back and said that they have listened to the conversation and the lady said 4 weeks notice and I am liable for 4 weeks rent.  Now I may well of misheard her when I thought she said a full weeks notice she may have said 4 weeks notice but I am sure she said a full weeks notice and i was told a week by another member of staff a few weeks ago. I have emailed her back and said that I may of misheard but I would like to listen to the phone recording myself.  As yet they havent responded. I think its unreasonable for them to make me give 4 weeks when I had to sign the new tenancy with little notice or loose the property.  And it was all done through their gateway, and they will have a tenant in there pretty much straight away getting rent from them. I am on a very low income, I am on my own, I have serious medical issues and I am really getting myself stressed out over this. Any advice would be so appreciated.  Can I insist they let me listed to the recording? RH  
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Death of spouse who owns house/mortgage


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My wife died just over a year ago.

 

The house we live in was bought in her name only, and the mortgage is in her name only.

 

I obtained Probate and I am the beneficiary of all assets and debts.

 

Last week I phoned up the lender - assuming it would simply be a case of switching the deeds and mortgage to my name and continuing payments.

 

I was concerned when the person said that in those situations they usually required the mortgage to be repaid

- which i couldn't do without selling the house - and I would have no-where to live.

 

Despite my late wife owning the house/mortgage, ALL monthly payments have been from MY account and have never been missed.

 

Anyone have any advice on this?

 

Thanks

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Unfortunately mortgages aren't transferable, so you will need to take out a mortgage in your own name in order to repay the mortgage in your deceased wife's name.

 

You have legitimately inherited the house, but there is an outstanding debt (the mortgage) which has to be repaid - as above, you can do that by getting a mortgage in your name if you meet a lender's borrowing criteria. I am afraid that having made the payments for however long won't be seen as relevant.

 

Are you in a position to obtain a mortgage? The first place to approach would be your own bank. Try to avoid sub-prime lenders if at all possible.

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This might be a stupid question, but have you checked all paperwork to ensure that your wife hadnt taken out a "reducing sum insurance" that would cover the outstanding balance of the mortgage in the event of her death ! It would be a relatively low value monthly premium.

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I am afraid I am unlikely to meet the criteria for obtaining a mortgage elsewhere...I am now retired and don't have a great credit profile. I cannot believe that a lender can evict me in such a situation in order to sell the house and repay the mortgage, whilst I can continue to pay it without any problem.

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If you have a policy for repayment of the mortgage, I would suggest that there is a clause in there relating to death of the beneficiary, so check that out first and then discuss the issue further with the mortgagee.

 

You may also want to check your position with the mortgage rescue scheme - as you are a pensioner they may be able to offer some assistance, and if nothing else, may be able to provide some guidance as to how to negotiate with the mortgagee.

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I believe Lea_HTH has given you the legal position, you should take her advice - she does know what she is talking about. Alternatively you could get an appointment with a solicitor who offers a free 1 hour consultation - lots of law firms do that.

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Sorry to hear about your situation and appreciate this must be a very stressful time.

 

Unfortunately as stated in the replies above the lender is completely within it's rights to take action to recover the outstanding mortgage. I've seen a handful of clients in exactly the same situation, obviously everyones situation is unique however it's been possible to find a sensible solution for them despite their age and credit status.

 

You should speak to a local reputable broker that will at least give you an overview of the potential solutions from a finance perspective. This doesn't mean to say securing finance is the only viable option however is at least an avenue you need to explore.

 

Hope this helps!!

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  • 2 years later...

Posted elsewher but was told to start new thread, so......our interest only mortgagelink3.gif with J P Morgan is due to expire early next year.

The repayment vehicle is that I have a house in France that will more than repay the mortgagelink3.gif.

(all payments up to date, never missed or been late with any).

 

My concern is what happens if the house in France has not sold by then (the property market there is pretty dead)?

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Do you currently have the house in France up for sale ?

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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uk house residential mortgage?

 

whats your uk loan to value as a percentage?

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Fully mortgaged - although I could raise 25% of the value from savings.

 

re-mortgage is simpy not feasible - I have talked to many about doing that, this is why I am asking what the mortgagor might do when the term expires.

 

The French property has much much more equity than is needed to repay the UK mortgage, but cannot be unlocked - French banks etc don't allow. UK companies don't touch French properties, especially now that I am retired.

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fca requirements, read before discussing with your lender

 

http://www.fca.org.uk/your-fca/documents/finalised-guidance/fg13-07

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  • 10 months later...

Property was in my late wife's name, mortgage with J P Morgan.

 

 

When she died they would not transfer mortgage to me as 'they were no longer lending'.

 

 

I continued to pay the monthly interest as Executor - never late or missed payment through whole term.

Mortgage is £68,000, value £70,000, funds held £28,000.

 

The mortgage term has now expired and they threaten possession if not repaid within one month.

 

I cannot get a remortgage at my age (68) and there IS a repayment vehicle in place

- a large house in France that I am selling

- but obviously not sold yet as the market there is depressed.

 

 

More than enough to repay.

 

Any advice?

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Hi

 

What is the approx value of your other property ?

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Value €600,000 with mortgage on it of €250,000 but not possible to release equity as the mortgage is with French Bank and they don' do that(!)

 

Ok sorry obviously you have looked into this. What about equitable assignment via a charge, or is this also not permitted ?

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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