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View Full Version : Can an unsecured loan be pursued to the survivor's share of a joint tenancy in realty



jvthorpe
01-24-2013, 01:30 AM
Hello

Here's a question.

Some time before dying a joint tenant of freehold property takes out an unsecured loan for £20,000. When they die they still owe as much as £16,000.

The deceased's estate is negligible, falling below the threshold for probate; ie less than £5000, if my understanding is correct.

Given the deceased's estate gets nowhere near paying off the loan, can the lender, a high street bank, pursue the deceased's value of beneficial interest in the property, which is now in the hands of the survivor as sole legal owner?

Can it force a sale of the house, or force a deed of trust to be drawn up in order to secure enough of the proceeds of sale to cover the outstanding money?

Obviously the other joint tenant is not a party to the contract for the loan. Does the deceased's estate include a share of the freehold which can be pursued by the bank to recoup the rest of the loan?

Or did the deceased sever the joint tenancy by taking out a loan in only her name? If so, what is the position of the survivor as tenant in common?

Does it make a difference whether the co-owner knew about the loan?

And what is the tendency of banks this situation. Do they doggedly pursue the debt or can they be persuaded to turn the other cheek?

Any help on this will be greatly appreciated - a good friend of mine (the co-habiting survivor -:confused:they were not married) is very concerned that the house will shortly fall under threat from the bank seeking its money.