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Selling late mother's house - Land Registry problem
Comments
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when the property was transferred to your mothe during the divorce, was it using a conveyancing solicitor or just a family solicitor?
if not, then they may not have realised to check the land registry entry
40 years ago is 1980, what was a house then? 20?, depending on what it was, so you're talking 4k maybe
is he asking interest?
if its around that sort of amount, i can see that 4k being eaten up in court costs pretty quickly if he wants to string it out and the onus may end up being on you to prove that it was paid. leaving you with costs and the debt to still pay0 -
get on to your mother's bank and they will be able to look back at records from that time and hopefully be able to prove the amount was paid. This is assuming it came out of her bank - presumably the same would apply with a building society account. there is no possibility that the vendor would have forgotten to ask for the money back before now. good luck. is there not any onus on the Land Registry themselves to have chased up this charge when the property was transferred into your mother's name? Have you spoken to them to see if they can find anything in their records? i found them as helpful as they could be when i rang them about a boundary issue I had.0
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p00hsticks wrote: »Why did she not ensure that the charge was removed at the time the debt was repaid ?
Maybe they didn't realise that they had to. As far as they were concerned the debt had been paid.0 -
Clifford_Pope wrote: »A share of a house or 40 years accumulated interest might be worth quite a lot now. You can see why his eyes are glinting.
Exactly - quite a bit more than he originally lent them0 -
Does this document say what the evidence was? You could counter the claimant's "Prove it" statement with the court document and see what happens.
Our solicitor has informed him we have some paperwork which states that the loan has been paid off - but as far as we're aware he's still not signing the paperwork off to release the house.0 -
Just like to say, what a b****ard!!!
On top of losing your mum you both really don't need this. The behaviour of people like this is disgraceful, can't we have him deported (anywhere..) ., we don't want scum like this in our country..
Best regards0 -
Fair enough. This limit applies if the security was insufficient to discharge the debt - after a repo for example. The security itself on the property remains until discharge. Off the top of my head, a 'debt' only arises if a discharge is given without the amount owing being settled in full.I read that statute barring does apply to secured loans - with a limit of 12 years.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
get on to your mother's bank and they will be able to look back at records from that time and hopefully be able to prove the amount was paid. This is assuming it came out of her bank - presumably the same would apply with a building society account. there is no possibility that the vendor would have forgotten to ask for the money back before now. good luck. is there not any onus on the Land Registry themselves to have chased up this charge when the property was transferred into your mother's name? Have you spoken to them to see if they can find anything in their records? i found them as helpful as they could be when i rang them about a boundary issue I had.
Have just spoken to Land Registry and they were unable to help - just told me I had to go back to my solicitor. Thanks for the suggestion though.0 -
theartfullodger wrote: »Just like to say, what a b****ard!!!
On top of losing your mum you both really don't need this. The behaviour of people like this is disgraceful, can't we have him deported (anywhere..) ., we don't want scum like this in our country..
Best regards
A number of similar thoughts have gone through our heads lol0 -
JacquiMarie wrote: »Exactly - quite a bit more than he originally lent them
but did he just lend them a fixed amount, or was it an agreement to pay back 20% of the property at pay back time? if the former, then no, he wont get any extra, unless as i say there was an agreement for interest
where is the proof that he lent them the money anyway, what were the terms and conditions?0
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