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Help with a tomlin order.. My grandma will be homeless

(17 Posts)
Kimm2013 Sat 08-Nov-14 21:53:08

Hi everyone,
Is there anyone who help. My granma Signed a tomlin order, not understanding what she was signing, she had a barristar present during a mediation meeting.

But what is shocking she never asked my grandfathers permission. He's just found out, as the person buying is local and told everyone she's buying the property for cheap.. But going to make a huge profit.. As she already has a another buyer .. Tripling the price..

My poor grandfather, does not know what to do, my grandmother who is suffering from depression ... Signed her home away????? She could off taken one off her children or grandchildren????

Will the judge, set aside the tomlin order???

Does this make any sense?? If so, please reply...

Babbit Sat 08-Nov-14 22:00:19

Er, what?

What was the Tomlin Order in respect of? What did the mediation relate to?
How does this relate to the house.

Sorry, your OP doesn't make any sense!

MrsFlorrick Sat 08-Nov-14 22:08:52

Tomlin order is some sort of settlement order.

What was your grandmother settling? And why?? Does she actually know?

Was the barrister present actually her representative?

Either your grandmother has had some sort of court case to settle which none of you know anything about.
Or some unscrupulous developer has pressured her into singing something?

If it's the latter then yes you can take action.

VivaLeBeaver Sat 08-Nov-14 22:12:45

Your grandfather needs to see a solicitor ASAP, taking your gran with him and any paperwork she's signed. Hope you can sort it. Can she claim she didnt understand what was happening? Is she confused at all?

Preciousbane Sat 08-Nov-14 22:14:26

Message withdrawn at poster's request.

Kimm2013 Sat 08-Nov-14 22:14:44

Sorry, just very worried...
Tomlin order was : my grandparents live on the side off another property that is leased to a tenant. Which is a commercial property. They have had many disagreements for over 6 years. My grandparents could not take anymore.. So grandmother has sold the property for 70,000.. But the true value is 250,000.....under pressure my grandmother signed the documents, ( on behave of grandad, but my grandad has not signed anything)...thinking it would benfit her. She didnit even ring my grandfather saying that she is going to sell the side off her property too( where they live at present)....

VivaLeBeaver Sat 08-Nov-14 22:17:23

Does your grandad also own the property? If so then surely she can't sell it without him signing as well.

MmeMorrible Sat 08-Nov-14 22:18:56

Why would you need an order for the sale of a property? If the sale hasn't completed, then surely your Grandma can withdraw the property from the market?

Babbit Sat 08-Nov-14 22:20:58

This is very confused OP. How do the sale and mediation relate? What exactly were the terms of the Tomlin Order? (This is a type of consent order with a schedule attached).

VivaLeBeaver Sat 08-Nov-14 22:21:36

So did she just decide to sell of her own violation?

That's very different to a tomlin order. A tomlin order suggests she owes money and a court has Insisted she sells to settle the debt.

bloodyteenagers Sat 08-Nov-14 22:22:28

What were the disagreements?
Why did it need mediation for a barrister to be involved?

Kimm2013 Sat 08-Nov-14 22:24:45

The barristar was representing her... This is why am even more confused.... She payed the barristar fees.... My understanding is barristars, always have the clients best interest ".... In this case NOT.....

Kimm2013 Sat 08-Nov-14 22:33:56

Viva.... My grandfather does also own the property

Bloody teenager....mediation was needed, as the tenant would cause intimidation for my grandparents. list can go on....

The judge will decide in 4 weeks , if the Tomlin order will set aside.... Only the judge... So if he's in a good mood we have a chance.. If not they lose the house...sad....... I feel soooo helpless...
Thankyou everyone for your feedback.. Anyone with any suggestions, I would be very grearfull

theHowlatWooooooCorner Sat 08-Nov-14 22:34:56

Can your grandfather contact Land Registry to prevent the sale going through while all of this is untangled?

VivaLeBeaver Sat 08-Nov-14 22:43:10

If there's any doubt at all about our grandmothers mental capacity I'd be getting her assessed ASAP. If she's being confused, hasn't understood stuff then some form of capacity assessment could be useful.

WeAreEternal Sat 08-Nov-14 22:46:34

What you have described suggests that there was already some kind of civil legal proceedings underway - the mention of a barrister and mediation - a tomlin order is basically an agreement made between the parties which settles the case before it gets to court.

With this in mind and what you have said it sounds as though your GM has been involved in a civil case with this woman in regards to the dispute with the neighbours and in mediation it has been suggested that selling the house would be a good solution and your GM agreed to it and the order was drawn up stating that your GM will sell the house to the other party for £X within X amount of time (tomlin orders always have a time frame)

If this is all that she has signed the house is not yet sold, and if your GFs name is on the deeds to the house it can not be sold without him also agreeing to it, so they will have a strong case to go back to court and refuse to complete the agreed order.

I would also advise that your GM goes to see her GP ASAP as if she is suffering from depression anything similar you get her some help and you can get it on record, it may then be possible to say that your GM was unwell when she agreed to the order and was not in a position to agree to anything as drastic as selling her house, you could use that fact that she agreed to sell for 70k when the house is worth 250k as possible evidence that she was not in a reasonable state of mind to be making such agreements and may not have understood what she was agreeing to.

Babbit Sat 08-Nov-14 22:53:30

No-one online can help you as none of this makes sense at all.

Contrary to popular belief, Judges do not make decisions depending on their mood. The Order will be set aside if there is a reason to do so.

If she had a barrister, she will have a solicitor and this is the person she needs to discuss this with along with your grandfather. If your grandfather co-owns the property his permission is required for the sale to proceed. However, the Order and sale are unlikely to be directly linked.

Does she owe money? Is this anything to do with legal costs following a dispute?

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