HELP - Charging orders

Diana_Prince

Hi All

Hope you can help. It's re my parent's house. My dad died 8 years ago. House still in joint name. Mum having to remortgage, was typical ostrich and buried head in sand for past 8 years ignoring DCA letters.

Anywho her credit is fantastic, got a mortgage accepted (aged 68) for £23,000 but they've informed her that she has charging orders (x 4) and 2 x interim orders against the property.

Can anyone advise on what to do next? I think I've found some of the paperwork. I assume my mum is responsible for them even if they're in my dad's name?!

TIA

Thrugelmir

Settling the debts is the only option.

kingstreet

A charging order can't be placed on a jointly owned property if the debt is in the sole name of one of the owners. Only a restriction can be placed.

https://forums.moneysavingexpert.com/discussion/1839539/charging-order-the-myth

You will need to establish what these relate to.

antrobus

The real question is what happened when dad died? Who dealt with his estate?

Given that "dad died 8 years ago" and the house still in joint names, the answer might well be 'nobody'.

antrobus

kingstreet wrote: »

A charging order can't be placed on a jointly owned property if the debt is in the sole name of one of the owners. Only a restriction can be placed.

https://forums.moneysavingexpert.com/discussion/1839539/charging-order-the-myth

You will need to establish what these relate to.

A lot depends on when the charging orders were applied.

Charging orders can have an important effect on jointly-owned properties if someone dies.

Most couples own their home as joint tenants, meaning if one person dies, the property passes straight into the sole ownership of the surviving partner. A charging order changes a joint tenancy into a tenancy in common. This means the share of the property owned by the person who died will form part of their estate and won't pass automatically to the other person.

https://www.stepchange.org/debt-info/debt-collection/charging-orders-and-my-home.aspx

Which would mean that if a charging order had been registered during his lifetime, dad's share of the property is sitting in his estate. As are his debts.

Time to see a lawyer I would think.