Second Charges On Property

Tom_Jones

A freinds of mines step father helped her buy a home some 15 years ago but was put on the legal documents as a second charge on the property. He recently passed away, what happens to the second charge on the mortgage, is it now defunct ?

lisyloo

If it was properly put on the legal documents then it is not defunct.
The second charge will stay on then property until cleared.
It would stop your friend selling her house because the buyers solicitor will check for charges and will not buy a property with a charge attached.

I don't know what their agreement. Was it verbal or did they have a written contract?
I suspect the debt is owed to his estate but on the same terms.
i.e. if they agreed a timetable for payments then that still stands.

Obviously a written contract offers better protection for all involved that what was said 15 years ago.

But essentially the charge is registered centrally at the land registry and will never "go away" unless paid and legally cleared (which would need the agreement of his executors).

Tom_Jones

Thanks for the reply

I'm not quite sure what the arrangement was, but I think the step father did not want the money repaid (he lent her £20k in a 40k house price, the rest was on a mortgage), I think it was just to stop her selling the property quickly and pocketing the 20k as she was slightly irresponsible with money years ago, but it is registered with the Land Registry.

How would she remove this charge ?