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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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We have been paying a mortgage on a property for four and half

Customer Question

We have been paying a mortgage on a property for four and half years, an elderly gent comes to the door today claiming to own the property, he claims the house was sold to the couple before us was done without his knowledge. If he is telling the truth where does he stand? Have looked at Land Registry form from nov.2005, which shows that the proprietors were the couple we bought the house from. Will not be able to speak to the local land registry until monday. Can you advise?
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi,

 

When does he claim that the property was sold without his knowledge?

Tom

Customer: replied 3 years ago.

the couple we bought the house from , bought it in 2002,he claims he bought it approx 40 years ago, he claims his step daughter has sold the property without him knowing.

Expert:  Thomas replied 3 years ago.

Ok.

 

How does she claim she did this? With a power or attorney or by way of fraud?

Tom

Customer: replied 3 years ago.

fraud

Expert:  Thomas replied 3 years ago.

Right.

 

Well the proper avenue for that is for him to go and see a solicitor. This is what you should tell him if he returns. I don't know what he expected you to do or say frankly and it does not speak to a particulaly cogent thought process.

 

In any event a proeprty cannot be transferred without the Seller executing the Land Registry transfer form. If the property was sold and there was a mortgage on it then a solicitor would have acted on his behalf. There are rigourous rules imposed on solicitors to verify the identity of the person selling the property. If they could not do this by taking his passport/proof of address directly from him then they would not be able to sell the property.

 

If there was no mortgage then a seller may act on their own behalf, but the Land Registry would not regsiter the transfer without a special form verifying the identity of the seller. This form must be taken to a solicitor who would perform the same identity checks as above and complete the form.

 

The chances that the daugher was able to circumvent the above rules is so remote so as to be near negligible in my view.


In any event his claim would be against his daugher not you.

 

I would not worry too much. If he comes again just be polite and invite him to take the advice of a solicitor.


If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.


Kind regards,



Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6461
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 6 other UK Property Law Specialists are ready to help you
Customer: replied 3 years ago.

thanks

Expert:  Thomas replied 3 years ago.
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