Mortgage and charging orders

willow1887

I would be grateful for some advice.
I am planning on applying for a mortgage with my husband but I am concerned as before he divorced his ex-wife, their business went under leaving a lot of joint debt between them. He says following their divorce, he claims he "walked away with nothing" from the property they owned together, where she currently lives with their 17 year old son. I have downloaded The Land Registry info for that property and, I think it was indeed re-mortgaged in her name in 2008 (point 4) as she is now listed as the sole registered owner. However, I am concerned about point 3. Is there a charging order on her property? and if so, would my husband be liable for some of the debt if he takes out a new joint mortgage with me?. The land reg entry is as follows (Percy xx is my husband and Mary xx is his ex-wife and I'm assuming Billy and Jimmy were the land owners before the property was built)

C: Charges Register
This register contains any charges and other matters that affect the land.

1. 17.09.2003 The land is subject to the rights reserved by a Deed of
Granted dated September 1975 made between (1) Billy A and (2) Jimmy B

2. 17.09.2003 A transfer dated 29 July 2003 made between (1) . Lovely New Homes Limited and (2) Percy xx and Mary xx contains restrictive covenants.

3. (04.09.2007) REGISTERED CHARGE dated 1 August 2007.

4. (13.01.2008) Proprietor: BANK OF SCOTLAND PLC, Leeds LS1

xHannahx

It's just the date a mortgage charge was registered

Thrugelmir

Unlikely the ex could have remortgaged with a charging order on the property.

Land_Registry

Entries 1 and 2 relate to easements and covenants affecting the title so can be ignored in relation to charges and financial interests.

Entries 3 and 4 relate to the same legal charge, namely a legal charge dated 1 Aug 2007 and registered on 4 Sept 2007 in favour of BOS Plc - this presumably relates ot the remortgage

Presumably the property was registered in her sole name either at the same time or earlier than the legal charge. So any liability is presumably hers unless he was a party to the remortgage (unlikely?).

If the legal charge pre-dates that change then normally any responsibility on the part of your husband under that charge would have been removed at the time as part of the Transfer details and/or remortgage paperwork