Getting organized for the future

Rrunner

My father passed away seven years ago and my mother was sole beneficiary and handled everything quite capably herself. I helped her check list everything and thought all had been handled.

I've been perusing these threads and have been trying to get organized and have a checklist of process and forms for some day in the future instead of being lost, panicked and having nowhere to turn for advice as I am the last remaining member of the family.

Anyway, I checked the land registry and find that this has not been updated to sole owner, my parents are both listed joint owners. Also there is mention of a charge on the property from when they bought it. I know that this has been paid off.
Is it simply a case of her not updating the info?
Should I encourage my mother to address this or does it not really matter and I can take care of it at some future date?

G6JNS

It would be a good idea to research the charge. This may just be a mistake by the lender but it will stop the prtoperty being sold until it is removed.

Rrunner

Will the charge remain on the registry until Land Registry is presented with proof by the owner that the loan is paid off? Or does this come from the lender to the Land Registry direct.

I'm sensitive to bringing this up with my mother if there is in fact still a loan against the house. If there is I can try to find a way to subtly help her out financially.

g6jns_2

Rrunner wrote: »

Will the charge remain on the registry until Land Registry is presented with proof by the owner that the loan is paid off? Or does this come from the lender to the Land Registry direct.

I'm sensitive to bringing this up with my mother if there is in fact still a loan against the house. If there is I can try to find a way to subtly help her out financially.

AFAIK the lender has to do it. you need to pursue that route. It will be much easier whilst your mum is alive.

BobQ

g6jns wrote: »

AFAIK the lender has to do it. you need to pursue that route. It will be much easier whilst your mum is alive.

Lenders do not have to do it unless you ask.

Many will do it when you repay a loan but some will just send a letter declaring that they have no interest in the property when you ask, usually when it is sold or if you want to secure another loan on it.

Same issue arises on some endowment policies when they pay out if they are no longer used as security for repaying a loan on a property.

Land_Registry

Updating the register re the change is quite straightforward and you can use form DJP along with an official/certified copy of the death certificate. It does not have to be you Mother who applies and there is no fee.

We always recommend updating the register as whilst it is not compulsory as you can simply produce the same evidence as and when it is sold, mortgaged etc it keep things 'organised'. It also negates the (small) possibility of us or someone else contacting both or each owner for any reason which can cause some upset for example.

The legal charge would normally be removed on application from the lender. Most will do this direct with us and advise the borrower accordingly. If it has been paid off then worth checking with the lender to confirm and asking them to action the removal as appropriate. Some borrowers, especially with older loans, may keep a small amount outstanding so whilst it may have been an oversight on their part in getting it removed it may still be in place.

Rrunner

Thank you for your responses everybody, you have been very helpful to me.
I'll update the register and drill down on the charge and figure out what's going on.
Cheers,
Rr