How can I remove a legal charge on my mum's house

meaniemo

How do I go about removing a legal charge that has been placed on my mum's house? The deeds show 4 charges, which relate to the debts of my father (who jointly owned the property and recently passed away) we don't know if all of the companies still extist or what some of the debts relate to. My mum and dad were joint tennents. If my mum did not sign an agreement relating to the debt is it legal for these charges to have been paced on the deeds? If they are listed on the deeds, does it mean that they company listed has a legitimate claim?

Any help would be welcomed. Thanks

Thrugelmir

Although the property is held as being joint tenants. The effect of the charging orders is to severe this link (in legal terms). To make the situation tenants in common i.e. a 50/50 division.

The charging orders are a liability of your late fathers estate. With your fathers demise. There's obviously only one route that repayment will be made. Unless there's other assets available.

I would advise taking proper advice. As for your mothers peace of mind this situation needs to be resolved sooner rather later. No doubt is causing her some concern.

The reason behind this ruling is to stop people sheltering assets from their creditors. So no one is safe from the activities of their mortgage partner.

ValHaller

This thread https://forums.moneysavingexpert.com/discussion/1839539 is relevant.

A court should not be placing a charge on a jointly held property for the debts of one joint owner - they should be placing a restriction.

If the charge is placed voluntarily, then all joint owners must agree. So it is one of

• mother agreed but did not appreciate what she was doing
• mother's signature was forged
• the charge was placed without the authority of all of the owners.

meaniemo

Thanks for the responses.

How do you know if it is a charge order or a restriction? Will it explicitly say so on the deeds? There isn't a mortgage on the property and the charges have been in place for some years. My mum is just very uncomfortable with the situation, especially since we lost my dad. It's a horrible situation as she infact paid nearly all of the mortgage alone, yet is left in this situation. I'm really keen to help her sort it out.

It seems that my mum may have signed for one of the debts - if this is the case could she offer a sum of money to the creditor so that they will remove it?

Will it make a difference that my dad has now passed away?

Thrugelmir

meaniemo wrote: »

It seems that my mum may have signed for one of the debts - if this is the case could she offer a sum of money to the creditor so that they will remove it?

Have you some idea as to what they relate now?

meaniemo

I think 3 are to Barclays not sure what the money went on - possibly my dad's business. One of these my mum appears to have signed, the others we dont think she did. I think there are two more, one to a debt that definatly relates to my dad's business and the other possible a loan/credit card, once again my mum doesnt believe she signed anything and we can not see anything in the deeds. All are in my dad's debts....

Thrugelmir

Have you obtained copies of the charges from Land Registry? Are you sure that they're still valid.

I can understand a charge being placed to secure a business debt, i.e. overdraft. However if the debt was defaulted on the bank would have taken action to recover. Maybe the worry is unneccessary.

Thrugelmir

When your father died. The executors on behalf of his estate should have dealt with any outstanding debts in his name. Was this the case?

meaniemo

The only documents we have are those that were in the mound of documents that my mum got when she finished the mortgage. The Barclays debts, I believe were loans..... as they are listed on the deeds so we assumed them current/live. My dad died only about 6 months ago. He had no estate except for the house which passes directly to my mum as they were joint tennents. We have not infomed the land registry of his death.

meaniemo

Do charges expire?

Thrugelmir

Did he leave a will?