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Husband has taken out a secured loan against the house without informing wife

54 replies

SIeek · 28/06/2023 23:30

Hello,

This is my parents current situation. I’ve just spoken to my mother who has informed me that my father has taken out a substantial loan against their mortgage free house. My fathers only real income his state pension and my mother works 3 days a week for the NHS. The house has hugely inflated in value in the last couple of decades but their monthly income only just about pays the bills.

From what I’ve read online, this must have been taken out fraudulently as they are joint owners and she has not given her consent. I also have no idea how he got it approved as his income is so poor, I worry about what kind of interest rate he has. (I really don’t understand these kind of loans FYI and am trying to wrap my head around it all.)

Does anyone know what can be done? My mother is terrified of losing the house and apparently my father is thousands of pounds overdrawn so we have no idea where the loan money has gone, not to mention where all his savings have gone.

Any advice would be greatly appreciated.

OP posts:
MrsDanversGlidesAgain · 29/06/2023 17:07

If it is in joint names, the solicitor acting for your father should have checked - if he did, this means your father must have forged your mum's signature

Doesn't the solicitor have to make sure that DM has taken independent legal advice? I seem to remember this about one party taking out bank loans a while back.

MrsDanversGlidesAgain · 29/06/2023 18:16

The one I was thinking of was even earlier - 2001.

https://www.lawsociety.org.uk/topics/property/model-letter-post-etridge

GeriatricMumma · 29/06/2023 20:58

Yep and they POCA'd him too.
Not sure how they managed to claw it back, but usually nowadays it's more jail time if you don't pay back.

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