Burden against home-Statute of Limitation?

[Peggyr]

Hello I am hoping someone on the forum may be able to help. My family are in the process of applying for the Fair Deal Nursing home loan for my mother who is 92 and needs holistic care as she also has dementia. The approval has been held up because there is a Burden on her family home. My father borrowed many years ago for his business, which subsequently closed down. He died 8 years ago, and before he died he told us there were no outstanding loans against him. The Bank are no longer in Ireland and we have not been able to contact anyone in the UK Branch who can help. We know he had some meeting with them in 1995 and to my knowledge he came to some agreement, but we cannot find any paperwork. The last correspondence was from a Solicitor in 1996 to say they were holding the original deeds of the house, so I assume the matter was sorted. Is there a Statue of Limitations on cases like this? We got nowhere with the original Solicitor as they do not appear to hold any of the old files. I suspect the Bank did not lift the Burden from the Land Registry. The amount was 60,000 old pounds

 

[browtal]

I dont know about the statute of limitations but the HSE will be happy to put a lean on the balance of the property provided it is worth the amount that is acceptable to them.
Browtal

 

[Peggyr]

Thank you, the problem is the house is no longer of any great value, it is in the middle of the country with few amenities, we would be lucky to get 100k in the current climate. It was valued at 95000 for the Hse application and I think we would get a bit more now. We are 99percent sure our father settled with the bank for some amount.

 

[twofor1]

My family are in the process of applying for the Fair Deal Nursing home loan for my mother who is 92 and needs holistic care as she also has dementia. The approval has been held up because there is a Burden on her family home.

The Nursing Home Loan is optional in Fair Deal. If there are any complications such as you have described, it will hold up your application considerably.

The value of the family home in this case is €95K, this element of your mothers contribution would incur a charge of €137 weekly for the first three years only.

If your mother has any savings or if the family were in a position to pay this €137 weekly, you could withdraw the ‘’Nursing Home Loan’’ element of your mothers application, and should then get speedy approval.

The Nursing Home Loan can be applied for at any stage, when you sort out the Burden on the family home, you can then apply.

It would get your mother the care she needs much quicker, but understandably many are not in a position financially to meet this cost.

 

[Peggyr]

Thank you for your help. I think twofor1 is right, we will have to pay the excess ourselves and try to sort out the other matter meanwhile, unless someone else can come up with any other relevant information. We will probably get a solicitor on to it if all else fails

 

[44brendan]

It is likely that this debt has been settled and your father should be entitled to the burden/charge to be removed from the TD's of the property. Any good solicitor will sort this out for you, but without the assistance of the bank it will take time to complete a vacate of the charge.

 

[Jim Stafford]

As it is likely that your parents owned their home as Joint Tenants, any judgment mortgage would have fallen away upon the death of your Dad, and the ownership of the property would have passed to your mother under the survivorship rule.

Any good solicitor should be bale to rapidly sort out the issue.

Jim Stafford

 

[mf1]

"Any good solicitor should be able to rapidly sort out the issue."

Agreed. The primary issue is to find out exactly what the OP is talking about. Is this a Judgment Mortgage? Or a voluntary charge? A search will show.

And given the age of the surviving spouse, there is every possibility that the property was in the sole name of the husband/father. Joint ownership really only became the norm in the late 70's/early 80's.

mf

 

[Peggyr]

Thank you everyone. My mothers name is on the deeds. Her name was put on the deeds some time ago, and she also agreed to the charge on the home, from what we can see from the paperwork, as the bank sent back the deeds for this purpose, via a solicitor, and they asked for them back again.

We know he settled somehow, as the deeds were finally sent for good back to the solicitor some time after he had a meeting with the Bank. We were hoping to hear there was some limitation as there is no correspondence at all from the Bank since then, which was over 17 years ago! Oh well, hopefully a good solicitor will sort it out. It would have to be finalised anyway if the house ever goes for sale.