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does having debts at house stop it selling,someone just been told

winterwhite11
winterwhite11 Posts: 283 Forumite
in House buying, renting & selling
hi, my best friends mum has just died and she wants to put house up for sale but someone just told her that because her brother has left debts {credit card and catalogue} at the house then house cannot be sold unless friend pays something or other???
is that true?
thanks

Comments

  • sequence
    sequence Posts: 1,877 Forumite
    Nonsense. If you have a mortgage then that's one big debt!
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Does the brother own an interest in the house?

    If yes, then the creditors could apply for a charge on the house.

    But it sounds like the answer is probably no, in which case it shouldn't affect things at all. Debts follow people, not properties.
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    No! Debts are attached to individuals not addresses. If the brother is a co-owner the organisations who are owed money would have to go to court to get a charge put on the property. Otherwise this "someone" is either mistaken, a fool or making things up.
  • winterwhite11
    winterwhite11 Posts: 283 Forumite
    thanks, brother is not co owner..
    this will put friends mind at rest. thankyou
  • geoffky
    geoffky Posts: 6,835 Forumite
    It may be a charge on the house...
    It is nice to see the value of your house going up'' Why ?
    Unless you are planning to sell up and not live anywhere, I can;t see the advantage.
    If you are planning to upsize the new house will cost more.
    If you are planning to downsize your new house will cost more than it should
    If you are trying to buy your first house its almost impossible.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    geoffky wrote: »
    It may be a charge on the house...

    Even if it is it won't stop it being sold, after all, the whole point of a charge is that it provides a level of certainty that the debt will be repaid.
  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    agrinnall wrote: »
    Even if it is it won't stop it being sold, after all, the whole point of a charge is that it provides a level of certainty that the debt will be repaid.

    ...but if the debts are all secured against the house, and form second or third charges as well as the mortgage, it will only be possible to sell if the sale price covers all the debts. If not, someone has to repay the shortfall out of pocket.
  • Yorkie1
    Yorkie1 Posts: 12,085 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    How can a debt of someone who has no ownership in the property, be secured as a charge against the property? That doesn't make sense.
  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Yorkie1 wrote: »
    How can a debt of someone who has no ownership in the property, be secured as a charge against the property? That doesn't make sense.

    Ignore me, I didn't see the post about the debtor not being a joint owner.... Sorry.
This discussion has been closed.
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