Family drama on home

Hi all,
Just wanted some opinions on whether anything is able to be done in this situation.
So a family member of mine went and got a mortgage and bought a house from another family member that the bank wasn't willing to lend money to at the time. The family member that was unable to secure a loan as lived in the house since it was purchased and still does to this day (about 15 to 16 years).
When they asked whether its possible to to have the mortgage and title changed over to their name now, the family member who originally brought the house dodges the question and won't disclose how much is left on the house (I think there'd be next to nothing remaining, but the asset provides benefits they don't want to relinquish). The family member living there isn't on any sort of lease and there was never a physical contract done up as who would have thought it would go this way. The entrie family knows the situation and is aware they one secured the mortgage for the other and then one lived in the house paying the mortgage off. So there's about 10 to 15 people aware of the situation.

My question is: Is there anything the family member living in the house can do to push the other member to actually stick to what they'd agreed to? Given the lack of physical evidence but there are witnesses to the situation? Or is the person living there and paying a mortgage that their name is not on, at the mercy of the person who has it all in their name?

Any advice would be greatly appreciated. Wanting to see if going to see lawyers wouldn't be a massive waste of time. Appreciate any assistance greatly.

Cheers

 

It will require specific legal advice as all dealings in property must be in writing, a solicitor may discuss whether the person on the mortgage was a trustee for the person living in the house.

 

If it is really well known in your family that it was a purchase by proxy and they weren't just renting, I'd say your strongest best is for all in the know to pressure the mortgage holder to do what they agreed to.

If the mortgagee has mishandled the payments from the proxy borrower it could turn into a major issue, this is why you don't loan money to family and friends.

 

sounds like a trust relationship.
Who has paid the loan and who paid the deposit?

 

First part is correct and up until now and now it's looking like that second part could be too but this has just happened of late. They had been in conversations prior in agreement that the transfer would happen at some point as was the agreement initially

 

Yeah pretty much what it is.
Person who obtained the loan did pay the deposit, but that was paid back to them 5 to 10 years ago. Person in the house has always paid the loan

 

They will need a bit of a paper trail eg bank statements or transfers as well as anything directing them where, who, when or how much to pay.

 

Should be a relatively straight forward matter, best to speak to a solicitor