Thank you for the reply.As a matter of interest is the house owned jointly or tenants in common. I am curious how the property could be used as security unless you were legally involved in the transaction
house is owned in three equal shares, tenents in common
(three siblings were left house in will)
I did not co-sign for the actual loan., but did give permission for deeds to
be used by bank as security until loan was paid off.
Bank will now not release the deeds to me, (they won't tell me much at all) as I did not co-sign for the actual loan.
So the loan is in two siblings names but not yours. But the bank has the deeds. Can you clarify exactly the document you signed in relation to the bank getting the deeds.
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Reply. Yes, Bronte, the Bank loan is in two siblings names only. The bank at the time sent me a legal type document to sign, called a Continuing Guarantee" but I did not return it. I told Bank I would not sign it. That having deeds should be good enough. What I did give was a short note to bank saying I give my permission for deeds to be held as security. The loan was then supposed to be paid off.
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Bronte wrote
So now you need your share but how to sell. You cannot unless you go to court to force a sale and I would imagine the bank would be in agreement with this as that way they will get their loan repaid.
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Bronte, you hit the hail on the head with this above. I have tried in the past to settle this with a Solicitor, who sent letters demanding return of the key, or vacate the house. He is still in the house, and I have no key to it.
Sibling A said they always planned on buying the other two out, but that never happened. (eleven years now)
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Bronte wrote
If sibling A is not paying back the loan I'm surprised they haven't gone after B? Doesn't make any sense from the banks point of view. Are you sure you have the full facts from B. Does B have a job?
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reply
The bank wrote to Sibling B, four years ago, telling Sibling B they were
released from liability under Guarantee, but were retaining the Guarantee in accordance with its terms.
My thoughts, if they were
releasing Sibling B from liability, why retain the Guarantee?
That is why I phoned the bank in Ireland, but they would not tell me much as I am not party to the loan. All they would say is contact the Solicitor
who was dealing with Sibling A affairs.
Sibling B does not want to deal with this now, and no, Sibling B is not working, in their 60s and does not deal well with stress.
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Bronte wrote
In relation to being owed a lot of money, presumable you mean lost rent? Did you have an arrangment in relation to this ? In writing?
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reply, yes, Sibling B and me, are owed rough guess, fifty thousand Euro
no agreement in writing, just a verbal one that Sibling A would pay same rent that was previous paid when it was rented out.
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You don't have to physically visit a solicitor to get someone to act for you (I live abroad too) but as a starting point you could use the family solicitor who was involved with the probate and presumable with the sibling getting the loan as that solicitor will have all the details on file.
trailite;1162911 This all came about when [B said:we[/B] tried to get a Deed of Discharge, clearing the title.
Thanks for being so forthcoming. Do you really need the money. A and B are happy with the status quo. A is in the house, presumably his family home and in ill health. With the downturn is your share even worth much, worth evicting him at this stage in his life?
The bank are presumably not going after the money because A is elderly and ill as I cannot think of another reason for it. But still it is very strange a bank takes no action on a debt where there is property.
Interesting that the bank discharged B but kept the guarantee. Never heard of that before. Wonder was there something wrong with the documentation or the way the transaction occured in the first place.
In relation to rent. Is this a notional rent. A has no money, is in debt, unemployed and ill? Focusing in on what you ought to have will only sour you.
Sad that you are not talking to A at this stage of your lives. Is it worth it.[/QUOTE
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To answer some of your questions Bronte,
I have given on on ever seeing any of the rent that would have been paid
to myself and sibling B.
At one time Sibling A could have well afforded the rent.
Not now, no job as far as I know, and no savings. I don't want to force sale of house either as that would leave Sibling A in a bad situation
Could I do with the money from sale of house, Yes,. I have three children, one hopes to marry soon, another with a lot of student loans,
and the youngest would love to go to further education, also.
My partner is very supportive, (the We, I refer to is him and I) he had to take early retirement due to injury) I am still working and would like to retire.
(in my 60s) so yes, the money would come in handy if I could get the house sold. No pressure from anyone in my family, neither partner or my children.
They just find it hard to believe a sibling could treat another sibling the way I have been left out in the cold.
I have received some great tips on here, to try and put this all together.
So thank you to all.
The summer coming up, I will be there, and have already written to my solicitor giving him the most recent happenings.
Will post back if I have any updates. I plan on getting a key, buying a newspaper, and taking a picture of myself sitting in the living room, with the date of the newspaper clearly showing.
Sibling A won't be there, Sibling B has a key, Sibling A already knows I am coming (home) and said the key is here, do what you want.
That might change though, Sibling A has changed the locks in the past and is quite capable of doing so again, so I'm really not sure what will happen.
The really sad part for me is the split in the family over all of this.
Six years now, since my last visit., but I still plan on being positive and having a great holiday despite all of this.
I have a place to stay, even if I cannot stay in the house I partly own.
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