CCJ against Deceased Estate?

NoWay

As an administrator of a deceased estate which is in negative equity, I am being taken to County Court by the mortgage company looking to get possession of the mortgaged property in the estate.
Will the CCJ be recorded against my name, or the estate?

Bantex_2

Why are they taking you to court?

NoWay

The keys were handed back to the mortgage company 2 years back, so not sure either. They are asking for possession of the property? They want the ounty court to issue an eviction notice even though they have the keys and no one has lived there since the deceased passed away 4 years ago.

MataNui

It wont be recorded in your name. I think you need to speak to the mortgage company. It probably wont make a huge amount of difference since the estate is negative anyway but things you need to think about are:
When the mortgage company had the keys back.
When the person died.
Did you inform the mortgage company of the death etc.

If you have acted responsibly in your duty as executor you are 100% safe. I have recently been executor of an estate in similar circumstances complicated by the fact the death (and some assets/debts) were overseas. In the end i had to get a solicitor.

NoWay

Halifax were notified of the death in 2011. We presented them with a copy of the letter of administration.
The keys were handed back in june 2013. We have been called in to sign the handover documents 3 times since.
This is simply the latest in their long list of messing us about. We don't see the purpose as their house is standing empty all this time and they could have sold it already.

fatbelly

NoWay wrote: »

As an administrator of a deceased estate which is in negative equity, I am being taken to County Court by the mortgage company looking to get possession of the mortgaged property in the estate.
Will the CCJ be recorded against my name, or the estate?

The answer's in the question - it's an order for possession, not an order for money. No ccj recorded on anyone's credit file at this stage.

Once they have that they will try to sell the property and then contact the executor if there is a shortfall.

If you've already signed the property over to them I am not sure why they need to go through this process. I can only guess that they are covering themselves in case there is a tenant there, or squatters. Have you asked them?

Thrugelmir

NoWay wrote: »

As an administrator of a deceased estate which is in negative equity,

Why hasn't the estate been finalised yet?

g6jns_2

Thrugelmir wrote: »

Why hasn't the estate been finalised yet?

The OP has raised this issue in the deaths section and has received advice. Putting it on two sections of the board just confuses things.

NoWay

g6jns wrote: »

The OP has raised this issue in the deaths section and has received advice. Putting it on two sections of the board just confuses things.

In this thread I am asking if the CCJ will be recorded against myself or the estate. In the other thread I am asking if its possible to be removed as administrator of the estate. Sorry if this is wrong or if i have offended you.

NoWay

Thrugelmir wrote: »

Why hasn't the estate been finalised yet?

We can't finalise the estate as the mortgage company will not give receipt of receiving the property back, and as such the property appears as an asset in the estate.
Is there a way to close the estate without this, that will not cause the other 13 companies owed money to sue the estate?