Mum is 66 and disabled. Anything she can do to stay in her home?

[Eitha22]

Hello.

 

My Mum lived all her life with her sister who bought their house under the right to buy scheme. Sadly, my aunt died prematurely last November leaving no will and an outstanding balance on the mortgage of 70k. House is worth about 120 approx.

 

The mortgage company are Amber Homeloans and are notoriously dreadful. They have merely sent letters saying she has 12 months to sell. In the meantime she is paying the interest only. My Mum is sole executor and has been granted letters of administration. Under intestancy rules she is only entitled to a 6th of the estate as there are 6 siblings (all comfortably off, married, secure) but 3 of them think they are entitled to their share despite my Mum being left with hardly anything to secure her future.

 

Just wondered if there was anything I've not thought of that would allow her to stay in her home

[caro]

I'm so sorry for your loss. What an awful position for your mum to be in. If it was a HA property it could be worth seeing if they might buy it back so your mum could rent again. At the moment she wouldn't be subject to bedroom tax although if the Tories get back in this could change in future.

 

How long ago did your aunt buy the property, how old was she when she got the mortgage and over how long?

[Eitha22]

My mum has lived in the house since she was 11. My aunt bought it (in a dreadful state of disrepair) around 10-12 years ago, borrowed more to do it up. It was shorter term mortgage due to her age. Essentially, she had 7 years left to run on the mortgage (she died at 58) but she struggled terribly keeping up repayments, this was further worsened when she became ill and couldn't work. It was bought from the local council but I believe all housing stock is now housing assoc.

[caro]

My mum has lived in the house since she was 11. My aunt bought it (in a dreadful state of disrepair) around 10-12 years ago, borrowed more to do it up. It was shorter term mortgage due to her age. Essentailly, she had 7 years left to run on the mortgage but she struggled terribly keeping up repayments, this was further worsened when she became ill and couldn't work. It was bought from the local council but I beleive all housing stock is now housing assoc.

 

Go to the HA that bought the council stock. I suspect that there will be a lot of charges on the outstanding balance so I think your mother should send a sar to get all the information they have about your aunt's dealings with them. As her executor I believe they have to comply but you'd need to check that out. There may be something in the ico website or give them a ring.

[Eitha22]

Thanks caro. I'll give them a try.

[caro]

 

Do you know if there was ever PPI?

[caro]

Just thought - how is your mum executor without a will?

[Eitha22]

I've probably used the wrong term eek. She was the one who applied for probate and was appointed to distribute the estate by the probate office. So, no will to execute but in sole charge ? Sorry, I'm rubbish at this. My aunt did have a ppi payout on a bank loan a couple of years before she became ill.

[caro]

I was wondering about ppi on the mortgage. It's very common for sub-prime lenders to sell it but for it to only be valid for 5 years.

 

I should think if your mum has been appointed by the probate office she could still send a sar or equivalent but check it out as I said earlier. That said, in the back of my mind I've a feeling that the data protection act doesn't cover people who've died, but I still think she should be able to get the info. The ico will know.

 

Hopefully others will be able to advise better than me.

 

Please let us know how you get on.