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Help out an Eldergay! Financial Advice needed!

My uncle left me and my brother a house in Ireland. this house is paid for 100%. My brother lives in said house right now rent free with his family. He is only working part time and has no money. I want to sell the house. He wants to buy me out. He mentioned a remortgage. what does this mean? I do not want to get a mortgage. Please tell me what does this mean in simple terms. do they use different terminology over there in Ireland? I live in USA.

I suspect that he is trying to live in that house rent free as long as possible, he is also the executor of my uncle's estate and he should have applied for the name change on the deed 3 months ago but hasn't. I was only told about this in a phone call a few days ago.

What are the pros and cons? Is he trying to lowball me the house value so he gets it for cheap and later sell it for a profit? what should I look out for? is there a website where I can get more info? will he try to somehow damage the house to lower value so he can get it cheap? should I send someone over to video the house etc? what advice can you give me? I've never bought a sold a house before.

I'm reaching out to friends in Ireland for lawyer recommendations right now but I need your input! DLers are the smartest people I know!

by Anonymousreply 108October 24, 2022 5:59 PM

Get an Irish lawyer FOR YOU to advise on this. Ask him/her for scenarios on how this could go with each option (you should sell it outright, of course, but it’s polite to entertain your brother’s scam briefly). This is going to get putridly nasty with your brother and the lawyer should handle all communications with him as soon as it goes south. Your brother is a shiftless would-be grifter and unless you’re very wealthy or this house is a dump that’s not worth much, you should go nuclear and get your money.

by Anonymousreply 1October 17, 2022 3:05 AM

How the fuck would we know if he will try to damage the house? This is Datalounge, not Dionne Warwick's Psychic Friends Network.

by Anonymousreply 2October 17, 2022 3:06 AM

Sell it and split the proceeds. Your brother can move into what he can afford.

by Anonymousreply 3October 17, 2022 3:11 AM

R2 Thank you for a legitimate laugh!

by Anonymousreply 4October 17, 2022 3:13 AM

Get a lawyer and arrange for an appraisal of the house. Offer to sell him your share at 50% fair market value. If he can’t or won’t then you need to sell it and each collect your 50% and be done with it.

by Anonymousreply 5October 17, 2022 3:15 AM

Thank you so much for all the input so far. My brother's partner is a gambler too. He's the one cooking up this scheme probably. That's why I don't want to remortgage or whatever the fuck that man wants. I don't want my name attached to any loan.

Ok, I will get an appraiser out there now. Do you know if say the lawn is a mess etc, would that affect the estimate? Like overgrown weeds etc? or will they strictly look at square footage, number of bedrooms etc? I have a feeling that they will make the house a mess and not clean it etc that's what I mean by damage. I think that gambler partner is evil.

by Anonymousreply 6October 17, 2022 3:38 AM

If you’re selling it and splitting it down the middle, they have no motivation to mess it up and lower the price. If you’re really concerned about the cosmetic stuff, talk to the appraiser on the phone and/or hire a cleaner and landscaper via the lawyer. Your brother ca maybe say no to a cleaner but not to a landscaper.

by Anonymousreply 7October 17, 2022 3:46 AM

Op/r6 it depends on the physical condition of the house but in the US the appraisal is mostly bases on comparable sales in the neighborhood. An overgrown yard and messy interior would just be cosmetic issues and shouldn’t have much of an impact. But if the plumbing was bad or you had a hole in the roof that would have an impact on the appraisal.

You also have to make sure there are no tax liens on the house. If your uncle owed taxes you are liable for them and have to pay them back.

by Anonymousreply 8October 17, 2022 3:46 AM

Doing anything but selling ASAP and splitting the proceeds will end in tears. Forget him buying you out.

You need an attorney, not an appraiser. That comes later.

by Anonymousreply 9October 17, 2022 4:04 AM

Also, he shouldn't be living in the house for free. He should be paying you rent--or half of fair rent, if you own half. Take the amount of rent he owes out of his part of the sale. Have the lawyer draw that up as a bill.

by Anonymousreply 10October 17, 2022 4:07 AM

Any damage he has done to the house needs to come out of his profit from the sale in the form of a repair bill or cleaning bill. If he's living in the house, he is responsible for upkeep like cleaning and yard work. Hire someone to do it and have the lawyer add this to his rent bill that he owes.

by Anonymousreply 11October 17, 2022 4:09 AM

Also, add interest to the back rent he owes if he has not been paying. Have your lawyer add interest to any outstanding rent owed to you.

by Anonymousreply 12October 17, 2022 4:09 AM

Do you want us to call him for you, OP?

by Anonymousreply 13October 17, 2022 4:09 AM

You never should have let the brother and his partner live in the house! They have squatter's rights! Especially if there was no rental agreement, it might be impossible to evict them, impossible to collect rent, and impossible to sell with them living there. You may be screwed.

by Anonymousreply 14October 17, 2022 4:12 AM

This is the only Irish legal experience I have, hope it helps. They're called solicitors and they're ladies sometimes.

Offsite Link
by Anonymousreply 15October 17, 2022 4:13 AM

R10, That is what's so frustrating, he has not signed off on the name change on the deed! He is the executor of the will. I will definitely take note on all your suggestions so far! so I don't own it legally right now and can't charge him rent. things move at a snail's pace in Ireland.

by Anonymousreply 16October 17, 2022 4:16 AM

DO NOT re-mortgage. Do NOT add your name to any loan document. If you do that, not only will your brother be living in the house for free forever, but you will be paying for him to live there every month because if he doesn't pay the mortgage, you will be legally responsible for payments, no matter what his agreement was with you.

by Anonymousreply 17October 17, 2022 4:16 AM

"Partition" sale might be the solution. Brother won't be happy, but it sounds like he's taking advantage of the situation. Not sure what the Ireland equivalent of a partition sale would be called.

Sounds like Brother can't afford to buy out OP. Otherwise, there would be no problem.

I anticipate that Brother would not take kindly to a demand to sell and split the proceeds. That would mean the end of his rent-free existence.

by Anonymousreply 18October 17, 2022 4:18 AM

It sounds like the brother wants to take out a mortgage to give OP his half. Not put his name on a mortgage.

You might start with whatever attorney is handling this already, if there is one.

And NO, the brother doesn't have squatters rights.

by Anonymousreply 19October 17, 2022 4:20 AM

There’s no issue in him mortgaging the property and using the mortgage proceeds to buy you out. You just want to ensure you get your fair market value.

by Anonymousreply 20October 17, 2022 4:23 AM

As long as the "remortgage" involves Brother only and involves a 50% cash payoff to OP, then it sounds OK.

by Anonymousreply 21October 17, 2022 4:23 AM

R21 Agreed, as long as OP does NOT put his name on the mortgage as any kind of co-signer, etc. And as long as OP gets fair value and back rent for the months the brother lived rent free in the property.

by Anonymousreply 22October 17, 2022 4:28 AM

Start out nice OP, which is why I recommended contacting the attorney already involved. If that doesn't go well, have your own at the ready.

by Anonymousreply 23October 17, 2022 4:30 AM

0/10...what an insufferable load of idiotic bullshit.

by Anonymousreply 24October 17, 2022 4:32 AM

Is the attorney already involved working for the brother or working for the estate?

by Anonymousreply 25October 17, 2022 4:33 AM

I do not know what even remortgage means. The house is paid off 100%, he wants to get a mortgage (to buy me out) when the deed transfer and since I'm co-owner, I would have to agree, right? I do not want my name to be attached to any loan. say the house is appraised at 1million dollars, he takes out a mortgage for 600K, pays me 500K, if they default in any way, would I be responsible for that 100K?

by Anonymousreply 26October 17, 2022 4:34 AM

R26 Contact a solicitor local to wherever your brother is. We know a lot about a lot of things, this ain't one of 'em.

by Anonymousreply 27October 17, 2022 4:36 AM

Yes, there is a lawyer handling the estate, I've asked him these questions as well but there is a time difference and the lawyer hasn't replied back. I've also asked this lawyer for recommendation for names of other lawyers. I want to hire my own. I'm not there and probably need to sign power of attorney to sell the house, right?

by Anonymousreply 28October 17, 2022 4:37 AM

OP it might be worth doing some research on terms with a trusted mortgage company and just having a property attorney handle the sale. For instance, if the brother intends to pay you half of fair value by taking his name and your name off the deed and putting Wells' Fargo on the deed so that Well's Fargo owns the mortgage and ONLY your brother's name is on the mortgage, that might work if you get cash payment for half the value immediately. Just DO NOT put your name on the mortgage and do not cosign the mortgage. Your name also comes off the deed in that scenario, I think.

by Anonymousreply 29October 17, 2022 4:39 AM

Time difference? The attorney should be able to set a mutual time, especially by now. Get an attorney of your own, stat.

by Anonymousreply 30October 17, 2022 4:42 AM

You should kick him out and sell it for an even split. It’s by far the cleanest and most profitable path. Give your lawyer carte blanche to achieve that goal. Don’t use a referral from the estate attorney, who’s probably fully captured by your brother.

by Anonymousreply 31October 17, 2022 4:43 AM

And I agree that you should get back rent taken out of his share of the sale.

by Anonymousreply 32October 17, 2022 4:43 AM

Can the brother refuse the sale of the house to a third party? How does that work if OP wants to sell the house but the brother refuses? Is it not an impasse? Or does the brother have to comply and agree to sell his half as well?

by Anonymousreply 33October 17, 2022 4:49 AM

I do think R31/R32 is right. My sister and I inherited a house, and for a while she was mumbling about buying me out. I was relieved when her husband said he didn't want it and we ended up selling on the open market: it's the only way to really know what it's worth, especially when the market is so up and down, and there is likely to be resentment on one side or the other after a buy-out because of disagreement over value. If you're selling on the makret, a good estate agent will tell you what is and isn't worth doing to the house before the sale, and you can decide whether you want to be bothered doing it or just take a bit of a loss.

But you need to get an Irish solicitor anyway, if only to get on his tail about ensuring probate goes through and you get what you are meant to inherit, including your name on that deed. (Expect it to cost a few hundred for the bureaucracy to produce a new deed.) The first step is to ensure your uncle's Will is legally carried out, and also to check that there are no liens on the house.

by Anonymousreply 34October 17, 2022 4:51 AM

How much back rent should I get back? they have been living there for over 5 years. My uncle was ill and confined to his room. My brother is a nurse and moved there with his family to take care of him, he said he never claimed any govt assistance which may or may not have been available to them (based on income levels etc).

My uncle never married and left us equal shares of his bank accounts and house. I think my brother is thinking he deserved to be living there rent free for taking care of my uncle. When my uncle was alive, he paid bills that was direct debit from bank, things like property tax and electric bill. brother only paid for food and heating oil.

my brother had my uncle's PIN number and ATM card. I've asked the lawyer for bank records.

by Anonymousreply 35October 17, 2022 4:54 AM

OP your comment at R35 changes everything. If your brother was living in the house and caring for your uncle, the house's owner, by the uncle's invitation, then your brothers owes you nothing for rent for any of the time he lived there while the uncle was alive.

by Anonymousreply 36October 17, 2022 4:57 AM

R33, my brother is the executor of the estate and legally, he has to settle the estate as soon as possible, within 1 year. That is what I read so far from Irish govt website. I can sue him if he doesn't and so far, he's tried this delay tactic by not signing off on the name change on deed. He had received a letter from estate lawyer to go sign document and pay a few hundred for the fees for this name change and he hasn't even done so. he only told me about this letter today and my brother avoided my call for weeks.

by Anonymousreply 37October 17, 2022 5:03 AM

R36, thank you for that information! But my uncle has been dead for over 7 months, the deed has not transferred to me yet. the rent clock starts after he dies?

by Anonymousreply 38October 17, 2022 5:07 AM

The post at R35 changes the story a bit. I was in Brother's situation and it's not so nice when you've taken care of someone, they die, and the heirs want you out of that house, stat.

Anyway, as long as you're off the mortgage, you won't be responsible.

[quote] He had received a letter from estate lawyer to go sign document and pay a few hundred for the fees for this name change and he hasn't even done so. he only told me about this letter today and my brother avoided my call for weeks.

Name change on what? The title?

by Anonymousreply 39October 17, 2022 5:10 AM

OP, about the "rent clock"--since you became a co-owner of the house at the uncle's death, then logic would have it that any rent due you would only start no sooner than your uncle's death. Before your uncle's death, it was your uncle's house and any rent would be due him, if he chose to collect rent, but it sounds as if the uncle wanted your brother to live there rent free in exchange for care, which is reasonable. I would even consider this (your brother's care of your uncle) a family reason for your NOT to collect any back rent from your brother, if he agrees to sell the house ASAP so you get your fair share.

by Anonymousreply 40October 17, 2022 5:14 AM

R39, yes, the title.

Yes, but it's been over 7 months and using these delay tactics. They have no money. My brother works part time only, his partner who loves to gamble works full time at a decent job and according to him, has no savings even though they have been living rent free all these years. so I cannot trust them.

by Anonymousreply 41October 17, 2022 5:15 AM

fake.

by Anonymousreply 42October 17, 2022 5:16 AM

R40, very good idea. thank you. so it doesn't matter if the house isn't legally mine yet? I can collect rent from the time after death?

by Anonymousreply 43October 17, 2022 5:18 AM

The gambling issue is concerning, especially if the uncle was not aware of his finances and if they had control of his ATM and banking. I'm surprised there is anything left, if this is real.

by Anonymousreply 44October 17, 2022 5:18 AM

It's so charming that you're already trying to evict your own brother out of a secure living situation for money, OP, as well as slandering him online. I hope your brother manages to fuck you over ten times worse.

by Anonymousreply 45October 17, 2022 5:19 AM

Technically, both you and Brother would be entitled to rent after Uncle died.

Frankly, I don't think rent is the issue.

Brother has been dodging you. Have you even told him, point blank (in a nice way), that you want to cash out on your share?

Do you think he could qualify for a $500,000 loan? Why does he need a mortgage for $600K?

by Anonymousreply 46October 17, 2022 5:22 AM

no, this is real. his partner is a gambler and we never liked him but my brother loved him and they have been together for 20 years. When I ask about his partner's gambling, I was told off my brother that it was none of my business, that I was out of line. So for years I assumed the gambler with the full time job paid his fair share of bills in my uncle's house, my brother paid some bills too but less since he was only working part time. Brother is the only one that has ATM card and PIN, as far as I know.

But now, my uncle's been gone 7 months and my brother texted me that he was late on his car payments, 3 months late with electric bill, etc. I sent him over 2K so far to help out with his bills. so things are not adding up for me, that's why I've asked for bank statements.

by Anonymousreply 47October 17, 2022 5:27 AM

I am R47. I forgot to sign off as OP.

I want to thank you all for all the replies so far, very helpful!

by Anonymousreply 48October 17, 2022 5:28 AM

Leaving out gim talking care of the uncle- I hope you get shit. Pig!

by Anonymousreply 49October 17, 2022 5:29 AM

Sounds like you need to get an attorney and stop trying to deal with him, yourself. He's in financial straits and can't afford to pay you out. Also, can't qualify for a $500K mortgage.

Add gambling into the mix and it's a financial disaster.

Sounds like your relationship with him isn't that great, anyway.

Yes, he took care of your uncle, but he shouldn't be dragging his feet like this and dodging you.

by Anonymousreply 50October 17, 2022 5:32 AM

R49. sorry I forgot the mention that my uncle never married or have kids. He loved my brother and paid for his college education and living expenses, car etc all his life. My brother needed more help financially. That's why I thought my brother did the right thing to move to Ireland to take care of him.

I didn't get financial assistance from him.

by Anonymousreply 51October 17, 2022 5:36 AM

R46, yes, I have told my brother and his family that I want to sell the house while we can get a good price for it. There is a huge demand for housing in Ireland but very little supply so prices have been increasing but I think the market is slower now. I haven't checked.

My brother only has a part time job, he has zero savings and will not qualify for any loan. He wants to remortgage the house, which is 100 percent paid for.

He has no money to buy me out. it was his partner who came up with this remortgage idea. wanting to buy me out.

by Anonymousreply 52October 17, 2022 5:43 AM

[quote] DLers are the smartest people I know!

You in danger, girl.

by Anonymousreply 53October 17, 2022 5:44 AM

Op,do you NEED the money ? Would having it make that much difference in your life ? If you answer no,then give your brother the damn house and move on. Had your uncle paid for the care he got,I doubt there'd be much left anyway. I sense resentment on your part towards your brother.Are you sure you arent just being spiteful ? Quit judging your brother and his partner and be the bigger man.

by Anonymousreply 54October 17, 2022 6:19 AM

R54, who doesn't need more money? I'm not a billionaire. My IRA has taken a big hit and the future for the globe is grim. Nuclear war, global warming, high price of oil, water, inflation etc etc.

I am not close in age with my brother, he's younger and I moved out of the house and made my own way in the world very early in life. I want to get the best price for the house for everyone's sake. he needs the money but now that I see all the delaying tactics etc, I am suspicious of their intentions. I am guessing they want to continue to live there rent free and buy out the house from me at a cheap price.

do houses sell above or below their appraisal?

by Anonymousreply 55October 17, 2022 6:38 AM

Im not going to judge you until you say how much money. A million,I might lean more sympathetic . My dad had 72 acres he left to mom,and she wants to split it between me and my 2 brothers. Its probably worth $600,000 . I honestly couldnt care less about it and never give it a thought. My brothers use it as a hunting camp,and if they want to keep it like that its fine with me. My point is its not your house,you never lived in it or spent money on it,so why do you feel you are owed it ? Your brother has lived there for years,nursed your uncle until the end,etc. Its home to him. Not you. Quit being greedy and give your brother the damn house. I still feel bitterness towards him,you might want to examine your real motivations behind this.

by Anonymousreply 56October 17, 2022 6:50 AM

R26 well fortunately several people here have taken the time to post and tell you what it means!

by Anonymousreply 57October 17, 2022 7:01 AM

I don't think a person can mortgage a property they don't own. Get a lawyer and sell the house before the market crashes.

by Anonymousreply 58October 17, 2022 7:05 AM

I am not bitter R56, I feel like my brother is being controlled by his partner, who is a gambler and I have never liked him. My brother wanted to sell the house on the market at first but today his partner spoke on his behalf and said they want to buy me out option. even though my brother cannot afford it.

this gambler is working full time and should be paying most of the bills in the house as my brother is only working part time. yet my brother is asking me for money to pay his bills. when I ask my brother why his partner has no savings, he said I was out of line. my brother asked me again for money, this time excuse was just cost of living expenses. his partner plays poker and had won 12k about 3 months ago. So do you see my issue?

by Anonymousreply 59October 17, 2022 7:08 AM

R57, I think a few people said as long as my name is on the loan, i will not be responsible. and also a mention of a 50% cash out option.

are there other ways to structure the loan? what if I go back to them with this and they mention other shit I don't understand? what is a definitely no no? besides not having name on the loan?

I hope to hire a real estate lawyer by end of the week. I am googling for them right now

by Anonymousreply 60October 17, 2022 7:14 AM

[quote]what if I go back to them with this and they mention other shit I don't understand? what is a definitely no no?

This is why you need a solicitor.

by Anonymousreply 61October 17, 2022 7:47 AM

Guys, there is a lawyer for the estate, he said his"duty of care is to ensure the property is vested in both of you equally as per the law, "

so does that mean he's done after he sees that the title transfer?

by Anonymousreply 62October 17, 2022 7:49 AM

I'm just not understanding why anyone is taking a loan out for something that is 100% paid for already. Either you sell it and split the proceeds - or you agree to a payment schedule in which he pays you off toward your half's value. Set it up so that it is tightly adhered to. Either way, I agree with others: get an independent, Irish solicitor.

But more importantly, are both you and your brother gay? Is his partner hung? Are you? ... is your brother? Link, please!

by Anonymousreply 63October 17, 2022 7:53 AM

R63, Because my brother doesn't have any money to buy me out of my share of the house. So he wants to take out a mortgage on the house to buy me out.But I do not want my name to be attached to any loan or mortgage. I read that a co-owner cannot get a mortgage without the other owner's permission or knowledge.

I mean selling a house is complicated enough, I don't want to deal with additional paper work for a remortgage.

by Anonymousreply 64October 17, 2022 8:09 AM

Guys, you are so right! I asked the estate lawyer for recommendations for other lawyers, he didn't even answer that part. I asked him a few questions, he answered all but that one.

by Anonymousreply 65October 17, 2022 8:26 AM

OP why don't you ask him to get a mortgage with his partner to cover 50% of the value, so he can pay you. There should be no need for you to apply for any type of loan at all.

by Anonymousreply 66October 17, 2022 8:28 AM

What County in Ireland is it in? If in Dublin commuter belt then it will be worth a lot of money.

by Anonymousreply 67October 17, 2022 8:42 AM

Echoing what R67 said. Dublin has a huge housing crisis. Rents are out of control. Save that sucker and rent it out if it is anywhere near Dublin.

Don’t do anything before you go in person and check out the property. A beautiful seaside property in Ireland or a farm house is one thing. A row house in some no nothing village is another.

Why was your uncle in Ireland. Was he Irish? If so, I assume your parent was as well as if so you can apply for Irish citizenship, and it will make everything easier.

Don’t do anything until you check out the place. You may fall in love with it and never want to leave.

I live in Ireland myself, so if you do come over feel free to hit me up.

by Anonymousreply 68October 17, 2022 8:57 AM

R67, and R68, it is in Cork.

by Anonymousreply 69October 17, 2022 8:59 AM

the lawyer replied and said after the title transfer to our names, he will hold the deed for safe keeping until we decide what to do with the property.

by Anonymousreply 70October 17, 2022 9:03 AM

I can pay a visit and see what they're up to, R69!

by Anonymousreply 71October 17, 2022 9:25 AM

R71, I was just checking the figures and it seems that the prices keep increasing. Do you see a slowdown anytime soon?

by Anonymousreply 72October 17, 2022 9:33 AM

To R72. No time soon. Market is great for a seller/landlord at the moment. Is it in rural Cork or in a town? Is it near Cork City? Might even be worth you buying your brother out and renting it out and having as a nice little pension.

by Anonymousreply 73October 17, 2022 11:02 AM

Stupid question but do you need the money? I mean you lived before the heritage came along. You should always consult with a lawyer to settle anything concerning finances in written form but I think there are relevant things you're not telling us. It would never occur to me to force out a relative. A house is never just a house - they're living there.

by Anonymousreply 74October 17, 2022 11:13 AM

so if they want to buy me out, shouldn't they be trying to contact a mortgage company or bank to set it up and present to me the terms? All I have to do is just get it appraised and offer to them the fair market value right?

I've read that some properties are getting lots of offers and were sold for over asking price.

by Anonymousreply 75October 17, 2022 6:25 PM

Yes OP R75 my understanding would be your brother (and partner) should apply for the mortgage to buy you out and they could possibly use his 50% as collateral. Makes no sense you would have any part of this.

You could present yourself as being fair if it's possible to get more than the market value but are willing to let it go for market value for the sake of their family.

by Anonymousreply 76October 17, 2022 6:29 PM

Will work out better if it's their home and want to stay, means you don't have to pay for it to be cleared or redecorated before a market sale.

Did your Uncle leave any contents (antiques) to share?

by Anonymousreply 77October 17, 2022 6:35 PM

R77, my uncle left behind a box full of cash. the contents of the box is known to all of us and hidden somewhere in the house. However, it's been many years since he told us about this and brother's partner is a gambler. I didn't even ask if the money is still there. I am assuming it's gone. Do I even mention this box to the estate lawyer and have him ask my brother?

Because if my brother's family has forgotten about this box, I'm not sure if I want them to alert them to the box and they keep it and later say there was no such box etc. it's about 50, 000 euros. It was his emergency stash. on the other hand, the money could be used to fix up cosmetic things in the house and get it ready for sale on the market.

by Anonymousreply 78October 17, 2022 6:46 PM

I think you should declare it, was it mentioned in his will?

by Anonymousreply 79October 17, 2022 7:03 PM

R79, no it wasn't.

by Anonymousreply 80October 17, 2022 7:05 PM

^^OP^^

by Anonymousreply 81October 17, 2022 7:06 PM

Guys, I am still not understanding. Yes, I know he should get a mortgage to buy me out. But why would he say a REMORTGAGE? he said this many times. As far as I know, there is no mortgage on the house. Is he trying to get me to take out a mortgage with him first or something? Do you think he's trying to pull some kind of scam ? I just want to be aware of all angles so I can protect myself. remember, his partner is a gambler, I don't trust him.

by Anonymousreply 82October 18, 2022 5:55 PM

Why are you still posting here? You should be looking for an attorney, not asking questions on DL.

by Anonymousreply 83October 18, 2022 5:59 PM

OP, you need a solicitor on the South Mall. As I understand, that's where Cork's best ones are based.

by Anonymousreply 84October 18, 2022 6:02 PM

R84, South Mall! OK!

I am in contact with one so far, haven't hired him yet. someone gave me a name but the lawyer doesn't specialize in real estate so he's referring me to another...it's taking time.

by Anonymousreply 85October 18, 2022 6:04 PM

Of course, R85, if the property is not in Cork City, then you may be as well off getting one closer to the property. For example, there are parts of the county that are up to two hours from the city.

by Anonymousreply 86October 18, 2022 6:10 PM

A remortgage is a loan in which the capital already accrued in the house is used as collateral, ie. If the house is worth 100k and 50k of the mortgage has been paid off, you can remortgage for 50k.

If your house in Ireland is worth 200k, he will legally own 100k of it, so can remortgage for 100k to buy your half.

by Anonymousreply 87October 18, 2022 6:26 PM

Assuming he can qualify, which sounds doubtful.

by Anonymousreply 88October 18, 2022 6:30 PM

Sell. Divide the profits in half and you're done with the problem and your brother has the exact same benefit as you to do with as he.pleases.

Secure a lawyer to represent YOU, to give a pass on any proposed estate agents, appraisals, etc.

Tell your brother he has enjoyed a free place to live for however long, but he must move out to allow a quick sale of the property.

Secure at least two appraisals from different estate agencies recommended by reliable sources. Tell them to price not for a fire sale but for an easy sale. An auctioneer is an option also in Ireland.

If you don't sell it and sell it now, it will be a headache for one or both of you for years to come - and he has the upper hand of proximity.

A fast and easy dissolution is the only solution if you don't have absolute trust in your brother and his Irish gambler and/or the money and.peinciple are of.no consequence to you.

by Anonymousreply 89October 18, 2022 6:39 PM

R87, "If your house in Ireland is worth 200k, he will legally own 100k of it, so can remortgage for 100k to buy your half."

I guess it's the terminology and way it's used, I'm not familiar with coz wouldn't that just be him getting a mortgage to buy me out? In the USA, remortgage is the process of paying off one mortgage with the proceeds from a new mortgage using the same property as security via wiki.

Maybe I have covid brain...

by Anonymousreply 90October 18, 2022 6:43 PM

R90 You have EST deliria.

by Anonymousreply 91October 18, 2022 6:46 PM

R87, I forgot to add that there is no mortgage on the house!

by Anonymousreply 92October 18, 2022 6:47 PM

R90 Typically the loan is provided by the existing mortgage provider and is just added on to the amount you've already borrowed, so your payments either increase or your term goes for longer.

As others have pointed out, it's probably incorrect to call this particular shenanigan a remortgage as it's really just an ordinary mortgage where he already owns half the house.

by Anonymousreply 93October 18, 2022 6:52 PM

[quote]I'm just not understanding why anyone is taking a loan out for something that is 100% paid for already

Fucking hell. They're not taking a mortgage to buy the half interest in the house that he already owns. He wants to mortgage his owned half as a loan to buy the half he doesn't own.

by Anonymousreply 94October 18, 2022 6:56 PM

I want to thank everyone for putting up with me, I hope to find a lawyer in a week. the title will pass to me and my brother in about 2 months time. I have written down many of your suggestions and will be asking the new lawyer.

R89, thank you for your reply, I have to find out more about auctioneers as well. I don't know how they are different than the regular real estate agencies.

OK so are there things I shouldn't do? I know that I must not attach my name to any loan or co-sign anything. he has no assets and savings except this house. I know he needs my approval if he's gonna use this house to get a mortgage. Am I correct so far?

I got covid in May...my thinking has been affected.

by Anonymousreply 95October 18, 2022 7:03 PM

R93, thank you so much. I felt so stupid on the phone with them because I kept thinking, why is he using the term remortgage?

by Anonymousreply 96October 18, 2022 7:17 PM

R91 Is a loser who thinks everything is an EST because he lives a sad and pathetic life.

by Anonymousreply 97October 19, 2022 7:09 AM

R97 You picked a very long winded and unconvincing method of asking "how can I live in a house in Ireland without having my name attached to it?"

by Anonymousreply 98October 19, 2022 6:18 PM

[quote]Yes, I know he should get a mortgage to buy me out. But why would he say a REMORTGAGE? he said this many times. As far as I know, there is no mortgage on the house. Is he trying to get me to take out a mortgage with him first or something?

No. Calm down.

I'd bet anything that he means "mortgage it again, like it used to be mortgaged before our uncle paid it off." He's probably using the wrong term.

He isn't saying "second mortgage" so please stop acting like he is.

You also need to stop stressing about him possibly trying to get you onto another loan, because unless you sign loan papers, you will not be on a loan. Just don't sign any loan papers. It's easy.

Get an attorney in Ireland and have him get that deed filed, then find an appraiser to go out and appraise the property. Just tell your brother when he's showing up. Don't ask for permission, just tell him. Get the appraisal, then tell your brother he can buy you out for half of it. Give him a deadline and stick to it. If he has not come up with his half by the deadline, say that you need to sell the house. If he wants to fight it, that's what your attorney is for.

by Anonymousreply 99October 24, 2022 4:14 PM

This question:

[quote]will he try to somehow damage the house to lower value so he can get it cheap?

explains this contention:

[quote]DLers are the smartest people I know!

by Anonymousreply 100October 24, 2022 4:29 PM

I mean, if he is getting a mortgage to buy you out, it doesn't matter what price you want to sell the half to him at: the bank will only approve a loan for what they appraise it at--which is fair market value.

If the bank decides the fair value of the house is worth 500k (so you own 250k worth of that), and you decide that the house is worth 1million (so your half would be 500k), the bank will not approve of the loan based on what you think it's worth.

My advice to you: let your brother get the loan to pay you out (you should not be anywhere on the loan papers). Forgot about the rent money. Just try to get out of this situation as quickly as possible. Your brother is not going to leave or change his gambling partner.

Also, try to have a little compassion for the man who nursed and took care of your dying uncle.

by Anonymousreply 101October 24, 2022 4:36 PM

Seriously, OP, your uncle should have left it all to your brother.

If he and his partner are the swindlers you seem to think they are, they would have worked on dying uncle to change the will.

by Anonymousreply 102October 24, 2022 4:52 PM

R101, I agree but there needs to be some time limits. The brother is moving very slowly, which leads me to believe he can't qualify for a conventional loan. With 50 percent equity, he might find a more lenient bank.

by Anonymousreply 103October 24, 2022 4:54 PM

A lot of times it's the son or daughter (or the niece or nephew) who didn't stay behind to care for the dying relative who wants the money NOW.

They are not grieving. They didn't go through any emotional hardship. They might not even have had a relationship with the relative who passed. All they had was a whiff of a payday.

by Anonymousreply 104October 24, 2022 5:13 PM

Hi. Irish guy here. A re-mortgage is basicly a loan from the bank with the house as calatoral. Once the house is valued by an independet estate agent..and they tell u the price the house will sell for, your brother can do whatever he wants to give u ur half. A bank is likely to give him a loan woth half the value of the house. Now, be careful of TAX. Inheritance tax is a killer. U can google this. My suggestion is get it valued..get half..and then let ur brother change it to his name. That way HE will have inherited a house....u just were given money. Hope this helps. Ps. Most houses, especially 3 bed family houses are shooting up in price and if a house is put on the market for 400k it coukd get 415k. But i suggest allowing ur bro to stay in his home when theres no need to make him leave one he can hanfdu half the value.. its up to him where he gets it. X

by Anonymousreply 105October 24, 2022 5:20 PM

R99, thank you for your advice. I don't know what he meant, only that the term remortgage was used. I am giving them benefit of doubt because they took care of my uncle. I didn't even mention that my brother tried to get power of attorney over him during the last few months of his life.

I've contacted a lawyer who will be calling the estate lawyer, I should have a clearer picture in a week.

R101, yes, if he wants to buy me out, I think I will let him.

I just don't want to be screwed over.

by Anonymousreply 106October 24, 2022 5:33 PM

^^^^^OP^^^^^^

I keep forgetting to sign off as OP.

by Anonymousreply 107October 24, 2022 5:33 PM

R105, is that how they use the word re-mortgage over there?

by Anonymousreply 108October 24, 2022 5:59 PM
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