Homes and Property

Should my dad have been given a mortgage at 84?

Our lawyer Fiona McNulty answers your questions
Question: My father died recently and I discovered that in 2008, he took out an equity release mortgage on his house for £20,000. The lender is asking for £42,000 to settle, which seems exorbitant. They also say they will take over the property to sell if it is not sold within six months. Can I challenge them on these issues? Also, dad was 84 — should he have been offered this mortgage at his age?

Answer: The amount to settle does seem very high. With these mortgages, the borrower does not make any cash repayments. The interest charged is added to the loan each year, and your father would have been paying interest on the interest, so the rate of increase goes up rapidly and the amount due gets larger quickly.

There are often extra charges if the loan is repaid early. It is also usual for there to be a provision allowing the lender to sell the property six months after the borrower's death. Check the paperwork. If necessary, ask the lenders for a copy of the mortgage agreement.

For the past 20 years, most lenders have used agreed rules for this type of loan, under the Ship scheme. This involves the borrower receiving independent legal advice.

The lawyer advising your father should have discussed the terms of the loan with him, particularly any additional sums payable on settlement. Ask your father's lawyer to confirm that your father was fully aware of the repayment terms. If you do not get a satisfactory answer, contact the equity release council, which has taken over administration of the Ship scheme and may be able to help.

What's your problem?


If you have a question for Fiona McNulty, email legalsolutions@standard.co.uk. We regret that questions cannot be answered individually.

Fiona is a partner in the residential real estate team at Thring LLP (www.thrings.com).

These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.



  • New homes in London's Zone 1 on a Zone 2 budget

    Our exclusive research shows a "price wall" formed by the Northern line, with property values to the east less than half those in the west. We reveal the emerging lower-value districts in Zone 1 for buyers on a Zone 2 budget.

  • London's top property growth areas

    Wise homebuyers can get ahead of the curve by buying in London's potential growth areas, thanks to new transport links, regeneration projects and the arrival of iconic new buildings such as the Shard.

  • Embassy exodus returns acres of central London to its residents

    As the embassies exit Mayfair and Marylebone, their former bases will free up stunning family homes. While the move of many embassies to Nine Elms at Vauxhall is creating a new residential quarter including thousands of new apartments.

  • Homes gossip

    Keira Knightley and James Righton have bought a new marital home in Spitalfields; Reese Witherspoon's adds to her LA property portfolio; and Elton John's personal trainer sells up.

  • Hot homes: Georgian gems

    The characteristic neat symmetry and full-height classical windows of Georgian homes have been enchanting Londoners for centuries. We take a property tour across the capital to discover fine examples of these character-filled homes.

  • New homes awards 2013: the winners

    This year's London Evening Standard New Homes Awards praised thoughtful design and spacious interiors at a range of developments, from city-centre family homes to clever conversions and regeneration projects.

  • London's latest new homes update

    Take your pick from London's newest properties, including 800 new homes in a former Bermondsey biscuit factory; family houses in Muswell near near the top-performing Fortismere School; and hundreds of new flats on the leafy slopes of Shooters Hill.

  • Property search: budget under £500,000

    This week, we uncover 1,000sq ft two-bedroom apartment in Stoke Newington, a four-bedroom stone house in the Cotswolds and an Old Station Master's house in the heart of Snowdonia National Park that comes with its own railway station.

  • First Olympic village homes up for rent

    Relaunched as East Village this week, the Stratford athletes' quarters is set to become home to thousands of London's renters in streets named with the Olympics in mind — from Prize Walk and Cheering Lane to Medals Way and Celebration Avenue.

  • Diary of an estate agent

    A Sydenham estate agent is left waiting by clients and looks on the bright side when he spots a huge hole in the road outside the office.


Advertisement


Sign up for our e-newsletter

Sign up for weekly property news, design trends, decorating & gardening tips, offers and giveaways...

Terms & conditions (Usual opt-out rules apply)

Thank you for signing up

We hope you enjoy the H&P weekly e-newsletter,
which will be delivered to your inbox every Wednesday,
starting soon.

Terms & conditions (Usual opt-out rules apply)

Please try again

Sorry, your email address was entered incorrectly. Please click here to try again.

Terms & conditions (Usual opt-out rules apply)




*