Joint mortgage - Implications of death of one of the parties?

Afterflood

Registered User
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Hello all,

My father and I bought an "investment" apartment in 2006. My mother, father and I are legally termed "tenants in common" and are all named on mortgage.

My father passed away last year.

I dont think the apartment is worth more than the amount of the mortgage. Luckily though the rent just about covers mortgage so we (mother and I) were planning on hanging on and waiting until price goes up or mortgage has reduced sufficiently so that we can clear mortgage and maybe if lucky make a few bob.

Anyway, mortgage is with BOI. About 6 weeks ago I wrote to mortgage department requesting that we be switched onto a fixed rate. My mother and I signed letter. BOI are aware of my fathers death but obviously news did not reach the mortgage department as they requested that my father sign letter requesting the switch to fixed rate also. So, I told them, All seemd ok. We were switched onto the fixed rate.

To cut a long story short they wrote a letter asking "when will I be in a position to clear the account".

They also mention that they can work with a solicitor if needed. We have no solicitor.

The letter ends stating that next payment is due on date XX/XX and that loan expires in 20XX.

I am confused and very worried.

Can we just carry on, pay mortgage and wait until a convenient time to sell?

Can they force us to sell or take some other action?

We have never missed a payment and never will. Even if rent fell through I have more than sufficent income to cover.

What I would really like to do is take over the property fully myself. I am saving like a hoor at the moment in order to get my finances in order.

Apologies for long question. Any advice would be appreciated.

Thank you
 
Generally when you buy a property you will be asked to purchase life cover. If your dad died it would have paid out to clear the mortgage. Was this not the case?
 
My father did not have life insurance related to mortgage. The bank were 100% aware of this. i think his age meant it would have been prohibitively expensive.
 
This makes no sense to me.

Does the death of a tenant in common force the sale of a property? Unlikely, but I supppose it's possible. If there is some such requirement, then it should be wider known for people who are buying houses together.

Give the bank a ring. I would say it's their administrative error. Or they might be trying it on to get out of a fixe rate mortgage.

Brendan
 
I am not entirely sure what is happening here but would venture the following:

Property held as tenants in common so late father's share falls into his estate.

Has probate been taken out?

Mortgage will be joint and several so survivors continue to have full responsibility.

It is not clear what the Bank are asking for and it would be necessary to see their correspondence to clarify that. I very much doubt that they are calling in the mortgage but I would strongly recommend that the OP does talk to a solicitor to clarify the situation.

mf
 
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