My parents took out a mortgage with a lender about 25 years ago and about 10 years later took out a shorter term second mortgage for the same property to build an extension.
The title deeds for the house list both my parents, they purchased the house as joint tenants. Both the mortgages were taken out in join names.
The lender was taken over by another building society last year, but continued to operate under the same name.
The lender was undergoing a streamlining exercise and in the process decided to put both my parents mortgages into one with a new account number – but omitted my mothers name in the process.
My father passed away 1 month ago and the lender is refusing to acknowledge that my mother has any rule of ownership over the house or any say about the mortgage – despite the fact that as a joint tenant on the title deeds, the house automatically becomes hers. They are also now asking for letters of administration or grant of probate (he left no will, but I didn’t think this would be necessary as the house wouldn’t form part of his estate).
Is what they have done legal and is there anything I/we can do about it before having to resort to solicitors?
We still have the letter from last year about the account change and numerous past letters listing both mortgages with both my parents names. I also have an official copy of the title register (deeds) for the house.
