A member asked almost 9 years ago

Mortgagee sale of house while I was mentally ill

Was mentally ill before house trouble but had split from partner ,mentally ill i had to stay with someone who happen to b my father recieved a letter from solicitor 12/12/14 but never read due to ill & ended up in hospital which in july 2015 the house was sold did have one letter i remember which i was to collect belongings which i arranged for a day but being mentally ill i never went. What are my rights regarding mortage was $75,600 sold house $60,00 so got a letter about september 2015 saying i still owe $45,600 after sale of house and only just got mentally cleared 03/03/16 and just pulled out papers 09/03/16 to see what had happed if legal action of sale of house is vary under mental health act?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. It sounds like you have had a difficult time. From the information you provided, money was still owed to the lender on your mortgage at the time your house was sold. Assuming you held the mortgage jointly with your former partner, this means you were each liable for half of the outstanding debt.


When the house was sold, the proceeds of the sale should have been applied to repaying the mortgage. Any leftover money should have been shared between you and your former partner. If the money from the sale of the house was not enough to cover the mortgage balance, then you will still owe the lender this debt. Again, if the mortgage was in both of your names, you will be equally responsible for repayment of the debt. You should contact the lender to clarify your outstanding debt and whether your former partner is making repayments on the debt.


Regarding your mental health, this may be a relevant factor if you need to negotiate a repayment plan with the lender or any other creditors to whom you owe money. You may also be able to avoid or vary certain legal responsibilities if, whilst you were unwell, you were committed to particular transactions without knowing what you were doing or without full mental capacity. These rights stem from the common law and not the Mental Health Act 2010 (WA), which is primarily concerned with the treatment of persons with a mental illness.


Suggested way forward

It sounds like you have a number of legal issues that need to be resolved, especially your mortgage repayments. It also sounds like you have had a particularly difficult time as a result of your mental illness. Speaking to a lawyer will help you understand your legal rights and what options you have to enforce them. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 8 years ago   Legal disclaimer

Thank

Hire lawyers to solve your legal problem now. Learn more

Other Questions


If you're experiencing any technical problems, please email techsupport@lawadvisor.com.