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

meaniemo

No he didn't.

Thrugelmir

meaniemo wrote: »

Do charges expire?

No. Normally their removed once the liability is discharged. Though can be overlooked as get forgotten.

Thrugelmir

meaniemo wrote: »

No he didn't.

Suggest you seek advice as soon as possible to formalise matters.

Whoever deals with the estate will be personally liable for any debts which come to light subsequently, so you need to check that she has not underpaid any tax or been overpaid any benefits – however unwittingly.

meaniemo

They are very old, possibly 20 years. How would we know if there were other debts?

Land_Registry

meaniemo wrote: »

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.

Can you clarify exactly what the circumstances are please as this will help find a way forward, although as others have already posted legal advice is most likely required here.

You refer to a legal charge in the original post but then mention that you mum has 'finished the mortgage' - I assume therefore that Barclays have discharged their charge and you are left with a number of other charges although these are part of the 'mound of documents' you received.

In the circumstances can you confirm whether the property is registered or not?
If it is in what form are the charges actually referred to on the register? - notices, restrictions, cautions or something else

If the property is registered then the entries referring to the charges will reflect what these charges are and/or who has the benefit of them as their names will be shown. Advice can then be given as to how such entries can be removed although if they are registered then some degree of investigation/contact is probably required with the interested parties to secure the necessary evidence clear the charges

If the property is unregistered (if they had bought or remortgaged it 20 years ago then most likely it is) then the mound of documents would need to be checked carefully as it may contain evidence that the charges were released in some way - however judging by the information posted to date this seems unlikely and that the solution may lie elsewhere within how your late father's estate has been dealt with.

Clarification on the above will assist but if the property is registered you may prefer to contact our Customer Support to discuss the matter in person. They will also be able to advise on how to notify Land Registry of your father's demise as well.

We do provide some online material which may be of interest but if you are uncertain as to the relevance or meaning of these charges then legal advice is the best course of action in my view
Practice Guide 19 deals with notices/restrictions but is written with professional conveyancers in mind
Public Guide 9 deals with what to do when a property owner dies