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Ask Ronan Your Own Question
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2245
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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My case is not straight forward but here it goes. My mother

Customer Question

Hi my case is not straight forward but here it goes. My mother and father owns the family home with no mortgage my mother passed away so the house became my father's then a few years passed and he decided to put the house in joint ownership of himself and I after a while I wanted to take out a small home loan and I put the deeds up as security and so I got the loan I have since changed banks a few times for interest rates now in 2009 I went into arrears and have being in arrears since but always pay something in the meantime bank of Scotland sold my mortgage to tanager now I went to new beginnings and they have told me my mortgage is void in law and equity because the bank never asked or checked what names were on the deeds in which they should of done a search they never got my father's consent for the mortgage in writing I have looked up this on the statue book and it indeed says that so what can they do can they still get the house or will they have to do a deal with me p.s my father passed away in June does this make things more difficult.. thank you and regards ***** *****
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Ronan replied 1 year ago.

The advice from New Beginnings is dubious to say the least without the relevant information they cannot make this assumption. Do you know were you tenants in common or joint tenants when you took out mortgage with bank?

Customer: replied 1 year ago.
We were full owners and joint tenants
Expert:  Ronan replied 1 year ago.

If you are joint tenants as opposed to tenants in common then the advise from New Beginnings is correct. Your father's consent was required and he should have appeared on the mortgage deed. It is most unusual that they would have registered the mortgage in the Property Registration Authority without your father's signature on the mortgage deeds. The fact that your father has past away now does not make the situation more difficult, they still weren't entitled to register the mortgage.

Notwithstanding all of the above, ultimately you borrowed the money and while you maybe able to remove the bank's mortgage from the title now. They will still be entitled to sue for the money borrowed and seek to register that as a judgement mortgage against the title. This will increase your potential costs. I suggest you contact a solicitor who can review papers and advise you more thoroughly