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    akania Posts: 1, Reputation: 1
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    Mar 14, 2011, 08:43 AM
    Mortgage obtained under duress
    Hi There

    Im new to your forum so thank you for letting me join.

    I am about reaching my wits end with my mothers mortgage situation and feel I maybe out of my depth trying to deal with it so I wondered if someone would be able to help me or point me in the right directon. This is a bit lengthy but I will condense it as much as possible in order to get to the point.

    My mother entered into a relationship with a man about 4 years ago. In the beginning he looked fine however quickly turned out to be extreamly violent mentally and physically. He terrorised my mother and got her into horrendous debt. This man has been arrested 5 times , been sent to prison for what he did to my mum and is currently in prison for attacking another woman with a knife.

    Whilst together this man threatened my mum that if she didn't get money for him he would kill her or even me. My mother being beaten by him many times was terrified so did what he wanted. He took her credit cards and took them up to the limit gambling on line. Took ker to Natwest and made her get a loan and once there was no other way to get money made her take a mortgage out on the house she owns and give him the money. He has been arrested 5 times for crimes against my mother and still continues to harrass her. Thankfully not at the moment as he is in prison for threatening another woman with a knife. My mother, bless her, still has yet another court case to attend in April this year regarding him.

    I have managed to get all of the credit cards and loans written off with the help of my MP and due to the circumstances that surround my mum. However I have one left which is the mortgage. Apparently the mortgage was all done over the phone and 'fast tracked'. No supporting documentaton was required by the building society which, if it had of been, would have shown that my mum only earned approx £9,500 pa as a dinner lady. My mother never met the broker or spoke to the building society. I guess they gave her the money as she owned the house outright.

    I have looked into a few cases and found this one which has some similarities

    Wright v Cherrytree Finance Ltd and others - [2001] All ER (D) 307 (Mar)


    I have received a reply from the building society which is very unsympathetic and lays the blame firmly at my mothers door which to a point is right but I'm trying to explore every avenue as my mother is very unwell and the thought of her losing her home is making her severely ill. She is 60.

    I understand that this is a difficult one and I've tried to keep it as short as possible but should you need anymore info just ask.

    My point is that she should never have been given this mortgage as there was no way she could afford it , she never met anyone, never had any kind of advice and was under sever duress at the time which all of the other financial institutions can appreciate which is why altogether they wrote off £28,000.00.

    Thank you so much for reading my post and fingers crossed someone can help me.

    Akania
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