charge against a property question

AnotherJoe

Whats the attitude of the partner to this? Are they saying the loan happened? DOt hey ahve any documentary evidence? Are they willing to swear in court they lent £50k?


With this much money involved, you will need a solicitor, go to court if the partner disagrees, and bills will mount quickly.

xylophone

The deceased allowed a charge to be registered against his property in respect of a £50,000 loan from his ( living) partner.

The charge has never been removed.


It does not seem to me that the partner has anything to prove - the "proof" is the still extant charge?

davidmcn

In answer to the question of what your options are, ultimately it would be for a court to decide how much (if anything) ought to be paid to enable the charge to be removed (and can order that it is removed if the partner refuses to cooperate).

The existence of a charge doesn't prove that anything is still due - very common for "normal" mortgages or loans to pay them off and the charge is left on the register until someone gets around to removing it.

lyndabill

Thank you. That's given me some hope.

xylophone

The existence of a charge doesn't prove that anything is still due - very common for "normal" mortgages or loans to pay them off and the charge is left on the register until someone gets around to removing it.

But in these circumstances there is normally proof in the shape of the mortgagee's records?


The executors cannot prove that the deceased did not take the loan.

The executors cannot prove that the loan (if taken) was repaid.

The only element of "proof" available is the extant charge in favour of the partner.

The partner has more "proof" than the executors?

It does not seem to me than any solicitor worth his salt would permit his client to buy this property (and nor would it be mortgageable) unless the charge is removed with the agreement of the person having benefit of it.

Ultimately in default of a mutual agreement between the executors and the partner the matter will need to be referred to the court?

xylophone

I've just had another thought.

a relative died. intestate. we are the executors and have probate for the estate which consists of a ramshackle house. the deceased lived in the house with his partner. he had a mortgage. the deceased brought the house before he met the partner.

What happened to the mortgage? Did the deceased borrow from the partner to enable him to pay off the mortgagee?

Slithery

lyndabill wrote: »

Yes the deceased allowed the charge and never removed it. But does that mean it actually happened. Why should the estate lose that money for a loan that didn't happen? If she can prove it legally....thats ok she can have it. But not if she never made the loan...why should she have something back that she never gave.

The charge against the property is her proof. Whereas you have no proof whatsoever that it didn't happen.

Again, what is the [strike]deceased's[/strike] ex's position on this?

lyndabill

we cannot prove there was or was not a loan . We cannot prove it was repaid or not repaid. The house owner/mortgaged persons bank records do not show any such loan. The solicitor who prepared the charge paperwork did not have details of accounts ( I would have thought that bank details would need to be passed to a solicitor for money laundering checks, so do find it odd).
So no there no proof of any loan to anyone from anyone as a paper trail.

lyndabill

sadly not xylophone. that would have helped. as would the house being I'm a habitable condition!

lyndabill

slither we don't know her position on it. she has our solicitors letter asking her to reply and for proof that she loaned money. we await.....