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Mortgage legality

  • 02-12-2015 11:23pm
    #1
    Mellowlad123
    Registered Users, Registered Users 2 Posts: 2 ✭


    Hi

    I have a friend who has split up with his ex and it's not acrimonious .Here is the question,

    They took out a top up 5 or 6 years ago for x amount.she is now saying that she didn't know anything about it !!.The thing is they knew there solicitor pretty well .When the paperwork was ready she couldn't come in when the solicitor called her so the hubby took the paperwork home for her to sign .I am pretty sure that you are supposed to sign it together in the solicitors office and have a witness.That didn't happen .I presume the solicitor is in trouble for that ?,she is also saying that her signature was forged ,and it's not her signature etc .The money was used for house renovations paying off personal loans for both and misc all traceable and she knew about all of it .The hubby says she knew everything about it .She is now going about suing the solicitor for negligence and dragging the ex into it saying to him that he will be jailed for fraud .He tells me that's she's lying and she is trying to blacken his name .Why has she waited several years to suddenly bring it up now? .Where does my mate stand legally in all of this .

    Thanks


Comments

  • #2
    screamer
    Registered Users, Registered Users 2 Posts: 6,185 ✭✭✭screamer


    If your name is on a mortgage you are liable to pay it AFAIK. Was the top up paid out to a joint account?


  • #3
    Mellowlad123
    Registered Users, Registered Users 2 Posts: 2 ✭Mellowlad123


    Hi

    His name is on the mortgage .He has no issue with the mortgage .I don't think they had a joint account .She has an issue maybe she has spotted the solicitors weak spot and is trying to exploit for easy cash as she is seperated


  • #4
    jimmycrackcorm
    Registered Users, Registered Users 2 Posts: 14,378 ✭✭✭✭jimmycrackcorm


    Is it her signature on it or not? If it is then she doesn't have a leg to stand in by trying to argue whee it was signed.


  • #5
    stringy
    Registered Users, Registered Users 2 Posts: 652 ✭✭✭stringy


    jimmycrackcorm wrote: »
    Is it her signature on it or not? If it is then she doesn't have a leg to stand in by trying to argue whee it was signed.

    Not entirely the case. If she did sign it, did she know what she was signing? Did she receive independent legal advice? This could all make a big difference.


  • #6
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    stringy wrote: »
    Not entirely the case. If she did sign it, did she know what she was signing? Did she receive independent legal advice? This could all make a big difference.

    Non est factum is one of the hardest defences to maintain. It's painfully difficult in fact. Also this doesn't sound like a repossession proceeding, rather the OP has referred to proceedings issuing against the co-mortgagor by this woman alleging various things. Her not receiving independent legal advice doesn't afford her a cause of action, albeit it may be a shield to a claim from a financial institutions in limited circumstances.

    These areas are infinitely more complex than most people would have you believe. Your mate needs to speak to a solicitor and get proper advice is proceedings have issued against him. Any advice garnered here would be useless in the extreme.


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