Interim charging orders on deeds

crystal_clear

Hi i am hoping someone on this board can help urgently in pointing me in the right direction.

My Aunt has just died leaving my uncle unaware there freehold joint property had 2 restrictions entered on the deeds (interim charging orders) against aunt in 2005 and 2008.

He knew nothing of any debts she had and certainly not on these two personal loans to which we have little information.

I need to know how i access further details of what they are if they went final charging orders or not and how to approach this as to not alerting the companies of her death yet so they cannot try make them final before they get the death cert.

All we wanted to do was notify land registry my uncle was sole owner now for the purpose of keeping deeds in order but need to know where he stands on these orders before making it public that aunts deceased.

I hope that make sense.

crystalclear

Thrugelmir

crystal_clear wrote: »

All we wanted to do was notify land registry my uncle was sole owner now for the purpose of keeping deeds in order but need to know where he stands on these orders before making it public that aunts deceased.

Who are the executors of your late Aunts estate?

crystal_clear

There isnt any executors as no will left and no one will step up on that matter only personal representative is me so to speak helping uncle sort out what needs to be sorted.
she had no assetts 17p in bank and a joint ownership of the marital home. no insurance policy or funeral pre paid.

uncle had a phone call today from one of the listed c/o companies and informed them she is deceased so i believe .... they asking for death cert but dont know what to do yet whether to ask for all current details on account before submitting death cert ....... as i dont know how far these c/o have gone to recover there money or how far they can legally go yet.

crystalclear

kingstreet

AIUI a charge cannot be taken over a property if the debt was in a single name, while the property is jointly held.

A restriction can be taken, which is a different issue. This may be of help;-

https://forums.moneysavingexpert.com/discussion/1839539

IMHO as the property was a joint tenancy, it becomes the sole property of the survivor, who is not responsible for the debts of the deceased if the deceased was technically insolvent.

Thrugelmir

kingstreet wrote: »

IMHO as the property was a joint tenancy, it becomes the sole property of the survivor, who is not responsible for the debts of the deceased if the deceased was technically insolvent.

Possible that the charging order has changed the house from joint tenants to tenants in common.

Then transfer of house is not automatic.

kingstreet

The OP should undertake a search of the proprietorship register at the Land Registry to check if the property is joint tenancy.

crystal_clear

kingstreet wrote: »

AIUI a charge cannot be taken over a property if the debt was in a single name, while the property is jointly held.

A restriction can be taken, which is a different issue. This may be of help;-

https://forums.moneysavingexpert.com/discussion/1839539

IMHO as the property was a joint tenancy, it becomes the sole property of the survivor, who is not responsible for the debts of the deceased if the deceased was technically insolvent.

thank you i did post on there as time is limited i couldnt read all posts and if auntand uncle were to sell as that thread implies they only tech had to notify the ceditors say 14 days before completion of there intention ... thus not allowing the creditors enough time to make the order final through the courts. Thats where I am stuc as they arent planning a sale I dont know the legal obligation as to how to do this now...... do i get uncle to inform them with death cert then inform land registry of death 14 days later and that will put an end to them. I dont even know as some have suggested that they were so long ago if they have gone to final charging orders at any time as aunt may have defaulted.

I dont want to rock a bout and cause more issues than my uncle already has to deal with.

crystalclear

crystal_clear

As previously stated in https://forums.moneysavingexpert.com/discussion/4419453 register is only showing restrictions against aunt and register states joint owners freehold no amendments to that further down the information to say its now joint tennants common .. that link also has land registry replies in it

this is the exract from the register i deleted **** personal info

B: Proprietorship Register
This register specifies the class of title and
identifies the owner. It contains any entries that
affect the right of disposal.
Title absolute
1 (***1982) PROPRIETOR: UNCLE and AUNT of
THERE ADDRESS. (*1982 date the home became mortgage free* )
2 (****2006) RESTRICTION: No disposition of the registered estate
is to be registered without a certificate signed by the applicant
for registration or his conveyancer that written notice of the
disposition was given to Hillesden Securities Ltd (Masterloan) at
Buckingham Road, Brackley, Northants NN13 7DN being the person
with the benefit of an interim charging order on the beneficial
interest of ******** on **** 2006 (Court reference ******)(a/c ref:
*****).
3 (****.2008) RESTRICTION: No disposition of the registered estate
is to be registered without a certificate signed by the applicant
for registration or his conveyancer that written notice of the
disposition was given to Cabot Financial (UK) Limited at PO Box
250 West Malling, Kent ME19 4LT being the person with the benefit
of an interim charging order on the beneficial interest of **** in 2008 (Ref:-
*******).


I have also searched online courts info and noted the restriction of part 3 above listed the month before the land registry and nothing after. So I sum that up to mean in the case of part 3 they only ever registed an intrerim charge order and not a final.

As for Part 2 above the search didnt show up as thats just over 6 years but i woulkd have thought it to be either settled or still as an interim charge order ......... i will attempt to find this info tomorrow from the county court payments office as thats the most likely place to still have something on record after 6 years without actually approaching said companies at this time until i know howthey are likely to proceed on news of death.

crystalclear

crystal_clear

Bumped after editing to add information

Thrugelmir

Try the National Debt Line for free advice .

http://www.nationaldebtline.co.uk/

crystal_clear

I did that and they said the estate although intestate and insolvent as no assetts left other than marital home which rightly belongs soley to uncle now ... the estate has to go to probate and he needs a letter of administration. They couldnt offer any further advice on how to approach removing the restrictions at all. Also dont want to go to solicitors unless absolutely neccessary and without all info to hand so can tell them just need this that doing .... straight forward letter each way if possible in order to keep uncles outgoings back on minimal as already left with enough expenses following aunts death.

crystalclear