Mortgage issues

beenduped

Looking for some advice in relation to a mortgage. Not sure if correct place to post.

To give my question I need to give a quick story of what happened.

Family member used my name to take out a joint mortgage (without my consent or knowledge) about 11 years ago. I found out about it a few years later. It was their own house that they sold to themself. I don't know why.
Because of this I can not get a mortgage as the bank say that I'm not earning enough to repay 2 mortgages.

Do I have any legal claim to the house? Said family member has stopped paying the mortgage and out of desperation I have started paying to protect my credit rating. My sister was the other person involved in the joint mortgage but not the person who orchestrated this whole mess. She worked in the bank and facilitated the mortgage. She also got herself a mortgage and bought her own house.
what to do. Very stressful situation. This family member states her solicitor siad I have no legal claim to anything although he was obviously involved in the fraud in the first place.
Any ideas?

Deagol

If the mortgage was taken out in your name then presumably your name is on the title deeds?

Anyway, I think you need to engage a solicitor to sort it out. And unfortunately I don't think there's any way this isn't going to involve criminal proceedings for fraud etc. against your sister.

beenduped

I don't know to be honest. All I know is that my name is on a mortgage taken out with BOI that I never took out.
I applied for a mortgage a few years ago and it came up on their system. They said because of this they can't give me another mortgage based on my earnings.
How would I find out about title deeds?

scrummonkey

IMO, the circumstances as you outline constitute the criminal offence of fraud. Your signature was forged on a mortgage application on which the bank loaned the sum. You have no personal responsibilities as regards this loan. Contact a solicitor asap. The bank are likely to contact Gardai in relation to the criminality involving your sister and other family member.

beenduped

Yes it was what I had thought. Was hoping there was another way around it. Will leave it there due to nature of it. Thanks for replying folks.

rubberdungeon

Is the house in positive equity?

Would you consider asking for it to be sold and have the debt discharged which would free you to seek a new mortgage yourself?

beenduped

Yes that is the course of action I'm trying to go down. But despite the media, there is very few houses in Dublin actually selling at the moment. Its all a real pain in the ass. What I had thought of doing was moving into the property and not leaving. Seeing as I am now making payments to ensure the mortgage is paid. But can I be put out or evicted if a Garda was called? Can I turn around and change locks atc and say I am the owner?
I know I should consult a solicitor but would rather find out where I stand first.

PaulM1977

Check the Land Registry for the address of the property and see if you are on the title deeds for the property.

Graham

beenduped wrote: »

I should consult a solicitor but would rather find out where I stand first.

To find out where you stand you need to see the solicitor first.

L1011

Solicitor time. Having not reported the fraud when you became aware of it will not have helped the situation.

Peregrinus

Solicitor. Now. Do not pass go. Do not collect $200.

This is not a problem which will be resolved by you ignoring it. You may already have seriously jeopardised your position by (a) not complaining about the fraud when it first came to your attention, and (b) making payments on foot of the mortgage debt, which may now be presented as an acknowledgement by you that the debt is yours.

Every day that goes by, the liability on the mortgage grows greater.

On the facts as you state them your sister, another family member and a solicitor acting for one or both of them are all looking at jail time for forgery and fraud. I know you'd rather avoid this, but the most promising avenue for avoiding it involves the property being sold and the mortgage being cleared, with any shortfall being made up by your sister, the other family member and/or the solicitor. That will be painful for them, naturally, but much less painful than going to prison, so it might be their preferred option. But the longer this goes on, the more it will cost them to clear the mortgage. So if you really want this resolved without anybody going to prison, do not delay in seeing a solicitor. Make an appointment now. Immediately. There is absolutely no good reason for delaying even one day.

Fred Swanson

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