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I am registered owner of a property with a mortgage but with…

Customer Question
I am registered owner of...
I am registered owner of a property with a mortgage but with manipulation my ex inlaws managed to get signature on trust deeds giving them the complete financial benefits from that property. Recently without my knowledge they applied for HMO for that property, council informed my mortgage lenders about the registered HMO to which i have now received the letter from my mortgage company that i am in breach of their terms as property is not for this purposes and that i will now affect any further lending with me. I asked my exlaws to remove the HMO but they are not replying to me. What legal action can i take?
Submitted: 7 months ago.Category: UK Property Law
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Answered in 9 hours by:
11/20/2017
Solicitor: Clare, Solicitor replied 7 months ago
Clare
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 35,271
Experience: 25 years exeperience
Verified

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Are you willing to insist that the property is sold?

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Customer reply replied 7 months ago
Hi clare,No i have not proposed them to sell the property since i have unknowingly gave them all the benefit to property and lost the right on it to sell it myself till 2020 as per tomlin order, they initially asked me that much time to sell the properties but they are not taking any action, however they are renting the property with multiple occupiers due to which they applied for HMO which is in breach of my mortgage terms.
Solicitor: Clare, Solicitor replied 7 months ago

Who

Why was there a Tomlin Order?

What did the order say about selling the property?

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Customer reply replied 7 months ago
hi, the tomlin order is attached, i was given wrong information by my in laws, at the time they said all the documents that i am signing are to protect assets for my future but when i was getting divorced and asked for the share they came up with the deeds which i signed in good faith without given an opportunity to read.Now i am in breach of mortgage terms because because my ex inlaws registered HMO.
Solicitor: Clare, Solicitor replied 7 months ago

They are in Breach of the Order because they have breached the terms of the mortgage.

You can apply back to the court within the existing proceedings for an immediate order for sale on the basis of the breach

I hope that this is of assistance - please ask if you need further details

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Customer reply replied 7 months ago
which application should i.
Customer reply replied 7 months ago
or shall we start the tomlin order proceeding i.e existing case, but i guess will need to fill in the some sort of form for that
Solicitor: Clare, Solicitor replied 7 months ago
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