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No contact from Santander regarding deceased parents secured loan


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Edit, sorry, I was changing the title and hit enter by accident, the title should read.

 

No contact ffom loan company about deceased parents secured load.

 

---------

Hi,

 

I'm hoping someone can offer some for of advice.

 

My mother passed away in 2012, she had a secured loan on the house, not huge, it ws 7k and at the time she passed there was 3.6k remaining.

 

Being disabled she didn't have a massive income and her insurance policy covered her funeral and that was it, she has £70 in her bank account and no other money or assets besides the house.

 

The loan company (Santander) were great, said we needed to take the details of probate in and everything would be on hold until then.

 

Her will was written when I was a child so I was the benificiary but not the executor.

 

Everything had to be done through her sister.

 

It took a while to get probate sorted as the solicitors who had the 'official' copy of her will had closed and neglected to send their documents to wherever they're supposed to have sent them when they closed (Sorry, can't remember exact terms),

 

we had to try and track down her will and when we couldn't we had to apply for a signed letter from some place (again, sorry I cant remember exact terms) that allowed us to go and sort probate, that took a while and it was fnally sorted around a year ago.

 

myself and my aunty took all the needed documents to santander who took copies of everything and said they'd be in touch shortly,

 

I distinctly remember the woman saying it is usually a quick process. They kept calling the secured loan a mortgage, are these two the same thing?

 

It's now been a year and I've heard absolutely nothing from them.

Neither has my aunty (We aren't sure if they'll contact me now probate has gone through because I'm the benificiary or contact her because she is the executor).

 

Nothing besides the monthly ststements which has in big bold writing at the top 'This is for information only'.

 

I know it sounds stupid and anyone reading will think why have you not called them, a few reasons really,

 

I'm terrified for one, I've lived in this house my entire life,

I have nowhere else to go,

the house is in a terrible area and needs a lot of work,

it's not worth enough for me to sell and buy elsewhere.

 

And secondly my own health hasn't been great, mental health that is,

I've suffered from severe depression and extreme anxiety includig time spent in hospital due to attempted suicide.

 

I'm currently unemployed and am terrified if I call they'll say they want all the money or they want massive monthly payments that I can't afford and i'll basically end up losing the house.

 

I've no idea what to do, do I call and see whats taking so long and why? Or just leave it and wait for them to contact me however long that takes?

Edited by citizenB
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Welcome to CAG... ~Sorry to hear on your loss.... For that amount, I doubt they would do anything. The cost of pursuing action to to recover the funds from an estate may be more than the amount outstanding.

Who does the house belong to? Im not sure that it would be a mortgage for that amount. More just a secured Loan.

 

Debt dies with the person and isnt passed on. However... In light of the situation, and everything that has happened... How much documentation do you have in relation to this account?

Personally I think its atrocious that Satans Bank have left you standing. And I think you should drop the below person an email;

 

[email protected]

CEO of Santander

 

They will come back to you quickly in relation to it. You need to know whats going on and this is the way to do it...

 

We could do with some help from you.

 

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**Fko-Filee**

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Hi,

 

Thanks for the reply.

 

I have looked through my mums documents and can't find the initial document she will have got when taking out the loan.

 

We did talk about it when she took the loan out and she assumed it was a secured loan. But When in Santander they referred to it as a mortgage. And on the letters it says 'Mortgage account No'

 

The house was left to myself. Probate has gone through but when we took the documents to Santander the advisor told me I would not be allowed to go to the land registry and change the details of the house from my mums name to my own until things were sorted with them. So the house is still in my mothers name.

 

I realise a mortgage/secured loan is for the house and have been lead to believe by Santander that it stays with the house so is now my debt and I need to either pay it whilst continuing to live in the house or if I can't do that then I need to sell the house, pay the debt and the remainder would then be mine.

 

That's the main reason why I've not contacted them as I'm terrified of losing the house. But obviously I can't have this hanging over my head for god knows how long.

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I'm also a bit confused because the letters that arrive are from Santander, all documents were taken to a Santander branch but the header of the letters (the statements they send out) say Alliance and leicester.

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Well heres the thing. the execs team might be able to sort this out in one go...

If you explain about the situation and if they sold / reclaimed the house then you would potentially be homeless etc,,

 

For this amount, I genuinely think they may actually do something.

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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The bottom line is there is nothing they can do to you

And they can't force a sale

 

And I don't think they should be telling you you can't get the deeds moved to your name either

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

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are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I'm also a bit confused because the letters that arrive are from Santander, all documents were taken to a Santander branch but the header of the letters (the statements they send out) say Alliance and leicester.

 

Hello there.

 

Santander bought Alliance and Leicester, I hope that helps.

 

HB

Illegitimi non carborundum

 

 

 

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Well heres the thing. the execs team might be able to sort this out in one go...

If you explain about the situation and if they sold / reclaimed the house then you would potentially be homeless etc,,

 

For this amount, I genuinely think they may actually do something.

 

Thanks, I'll sit down tonight and write an email, not entirely sure what to put, I'm thinking basically what I've put here? I don't expect them to do away with it entirely and if there was an arrangement where I could pay a token amount until I can get back on my feet andd back into work then go back to paying the full amount (it was £140 per month repayments) then I'd be happy with that. I'm just terrified to start the ball rolling in case they just want all the money back asap.

 

The bottom line is there is nothing they can do to you

And they can't force a sale

 

And I don't think they should be telling you you can't get the deeds moved to your name either

 

Dx

 

I assumed it would be because they were changing the mortgage details etc and then I'd be okay to change it to my name.

 

Hello there.

 

Santander bought Alliance and Leicester, I hope that helps.

 

HB

 

It does, thank you!

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I think you will be able to change your Mum's name to yours at Land Registry, the only thing will be whoever holds the mortgage/equity for loan will still be there until the loan/mortgage is repaid.

 

I think it is very shabby that they are taking so long to resolve this for you and have asked others on the team to look in advise.

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I think you will be able to change your Mum's name to yours at Land Registry, the only thing will be whoever holds the mortgage/equity for loan will still be there until the loan/mortgage is repaid.

 

I think it is very shabby that they are taking so long to resolve this for you and have asked others on the team to look in advise.

 

The bottom line is there is nothing they can do to you

And they can't force a sale

 

And I don't think they should be telling you you can't get the deeds moved to your name either

 

Dx

 

I think that emailing the CEO is the best way forward.

If the has been evidence of mis-information, could be used to balance the odds of the acocunt being closed.

 

We could do with some help from you.

 

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I think you will be able to change your Mum's name to yours at Land Registry, the only thing will be whoever holds the mortgage/equity for loan will still be there until the loan/mortgage is repaid.

 

I think it is very shabby that they are taking so long to resolve this for you and have asked others on the team to look in advise.

 

Thanks, I'm greatful for all advice.

 

The advisor specfically told me not to change the details until everything was sorted with them. Obviously since it's not something I've had to deal with before I just took her word for it.

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Thanks, I'm greatful for all advice.

 

The advisor specfically told me not to change the details until everything was sorted with them. Obviously since it's not something I've had to deal with before I just took her word for it.

 

Was this the advisor at the Bank ?

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Can I suggest you hold fire until at least tomorrow afternoon when site team have had time to mull things over for you :)

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I have looked through my mums documents and can't find the initial document she will have got when taking out the loan.

 

We did talk about it when she took the loan out and she assumed it was a secured loan. But When in Santander they referred to it as a mortgage. And on the letters it says 'mortgage account No' CCA request subject to the age and amount or DSAR ?

 

The house was left to myself. probate has gone through but when we took the documents to Santander the adviser told me I would not be allowed to go to the land registry and change the details of the house from my mums name to my own until things were sorted with them. So the house is still in my mothers name. Nonsense...

 

https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property

 

 

I realise a mortgage/secured loan is for the house and have been lead to believe by Santander that it stays with the house so is now my debt and I need to either pay it whilst continuing to live in the house or if I can't do that then I need to sell the house, pay the debt and the remainder would then be mine.

 

The debt is owed by the estate....not the beneficiary....but yes liable for settlement after probate

 

That's the main reason why I've not contacted them as I'm terrified of losing the house. But obviously I can't have this hanging over my head for god knows how long.

 

 

As advised by andyorch above - send either a CCA request or a Subject Access Request to Santander - the first will cost you £1.00 - the SAR will cost you £10.00. I have popped links for both below.

 

This will give you information that will enable you to see what has been going on and even perhaps why Santander are dragging their feet. It will also establish whether it is a mortgage or secured loan.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**(1-Viewing)-nbsp

 

The Bank has 12 working days + 2 for posting to provide you with a copy of this

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request-**Updated-January-2015**

 

The Bank has 40 calendar days in which to comply with their obligations to provide you with all the data in respect of the account(s) that your Mother had with them.

 

You will need to remind them that you are acting in your capacity as beneficiary to the estate and that you have the administrative paperwork proving this.

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Can I suggest you hold fire until at least tomorrow afternoon when site team have had time to mull things over for you

 

 

 

I'll triple check with my Aunty tomorrow who was with me

 

 

but I'm 99% sure this was the advisor who we handed all the probate details to said not to alter the house in any way or change the details with the land registry.

 

Yes there's no rush. I've waited this long!

 

I appreciate the advice.

Edited by slick132
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So do you suggest I email the CEO first or apply for the original agreement first?

 

On the statement letters I receive it states 'Mortgage account no' then has the account number so I assume it is in fact a mortgage. But I don't think my mother was aware of that as she had paid her mortgage off completely. She assumed it was a secured loan.

 

I don't know what the difference between the two are. I'll have to google.

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Well a mortgage would mean that until the sum borrowed was repaid the property would belong to the bank.

 

A secured loan is where the house belongs to the borrower, but there is a charge in favour of the lender for loan amount (until it is repaid)

 

Right well if the person /advisor you spoke to was at the probate office - then the information you have been given is very likely correct. However, you need to set a firecracker under Santander - they are taking too long to deal with what should be a relatively easy situation.

 

Have you checked the Land registry at all - it should show on there whether the mortgage was repaid and the mortgage lender had removed their name or not. If it is a secured loan then that would also be recorded on the land registry . I am sure others with more knowledge of this will pop in over the weekend.

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Well a mortgage would mean that until the sum borrowed was repaid the property would belong to the bank.

 

 

 

A secured loan is where the house belongs to the borrower, but there is a charge in favour of the lender for loan amount (until it is repaid)

 

 

 

Right well if the person /advisor you spoke to was at the probate office - then the information you have been given is very likely correct. However, you need to set a firecracker under Santander - they are taking too long to deal with what should be a relatively easy situation.

 

 

 

Have you checked the Land registry at all - it should show on there whether the mortgage was repaid and the mortgage lender had removed their name or not. If it is a secured loan then that would also be recorded on the land registry . I am sure others with more knowledge of this will pop in over the weekend.

 

 

 

 

No it was just the local Santander branch. We took the documents in and signed whatever needed signing etc. they took copies of the probate documents and a copy of the (copy) will we had. My Aunty mentioned getting the house switched to my name as it was still in my mums and the person we were speaking to in Santander told us not to do that or change the house in any way.

 

No I've not been the land registry at all.

 

I can get a copy of the details online can I not?

 

Will speak to my Aunty tomorrow as maybe I've remembered it all wrong. But I'm pretty sure I haven't.

 

Still terrified if I do kick them into gear I'll end up losing the house because I'm not in a position to pay the mortgage back.

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yes you can get the details from gov't the land registry site.

 

 

https://www.gov.uk/government/organisations/land-registry

 

 

be very careful of using other sites that charge an additional fee.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes, you can get the details from here...

 

https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/hc5BC4JAEAXgnzSzM-O6Hu3gugRJGJRziT1IGLpeot9fdqso5_bge48Bhc4UBQoJUQ4n0BTvwyXehjnFcclqz0xOjBGqHdscQ1Z5NoeMUfgJuj_Am7V-2yc4gn6wpiox8KbZet4Tov0C7zuOVsDyxwvgjysRdvU89TDp6NpwlQclu3xj/dl4/d5/L0lDU0lKSmdrS0NsRUpDZ3BSQ2dwUkNTQS9ZSVVJQUFJSUlJTU1JS0VFQUFDR09HT0NHSUJKRkpGQkpORE5EQk5ISUVBTExBISEvNEczYUQyZ2p2eWhDa3lGTU5RaWt5RktOUmprS2NhZ21Rb2dnL1o3XzMyODQxMTQySDgzNjcwSTVGRzMxVDUzOFY0LzAvaWJtLmludi8yODEyNjYyNjczMTAvc3BmX0FjdGlvbk5hbWUvc3BmX0FjdGlvbkxpc3RlbmVyL3NwZl9zdHJ1dHNBY3Rpb24vITJmUURTZWFyY2guZG8!/

 

https://www.gov.uk/protect-land-property-from-fraud

 

I think it costs £3.00 or if you want a hard copy then you will have to write to them at the address on the gov.uk website.

 

I really don't see you losing the property for £3.5k and you should be able to come to some sort of arrangement to repay any outstanding balance if there is one.

 

Was there any insurance attached to the loan/mortgage do you know ? .

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Have drafted a rough email to send to the CEO but still not sure if I should be doing that first or requesting a copy of the original agreement.

 

You need to know if it is the original mortgage or a secured loan. So I guess the agreement/contract is required.

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You need to know if it is the original mortgage or a secured loan. So I guess the agreement/contract is required.

 

I know it's not her original mortgage as that was paid years ago. I know she thought it was a secured loan and yet the statements I receive say mortgage.

 

Will request a copy of the original agreement and see what's what. Thanks!

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:thumb:

 

Did you look at the land Registry ? If it is a secured loan then the company should have their name registered as having an interest.

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3: Banking Conduct of Business Regulations - The Hidden Rules

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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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