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charge against a property question

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Comments

  • zagubov
    zagubov Posts: 17,956 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Seems to me the charge is the only proof needed.

    If the partner claimed the loan was made and there was no charge, then you'd have grounds for skepticism.
    There is no honour to be had in not knowing a thing that can be known - Danny Baker
  • xylophone no she didn't pay any of the mortgage off. judging by the state of the place they didn't use it to improve the house as it's an awful mess. it's been valued at less than it was brought for 10 yrs ago cos of the damage done. and it's going to cost us 40k to mend the damage to make it sellable.
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    lyndabill wrote: »
    So no there no proof of any loan to anyone from anyone as a paper trail.
    Yes, there is.

    I'm going to try saying this again, the charge is the proof of the loan. Your relative (if they were of sound mind) wouldn't have signed it if the loan didn't take place.

    If you are saying that your relative was coerced against their will or wasn't in sound mind then that is a criminal matter, not one for a forum dedicated to buying and selling property.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Slithery wrote: »
    If you are saying that your relative was coerced against their will or wasn't in sound mind then that is a criminal matter, not one for a forum dedicated to buying and selling property.
    Though still relevant to the civil matter of whether or not an enforceable debt exists.
  • xylophone
    xylophone Posts: 45,938 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If the only charge on the property is in favour of the partner, then the deceased paid off the mortgage at some point before his death?

    If he hadn't, then the partner's charge would be a second charge presumably.
  • hb2
    hb2 Posts: 1,399 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    OP, why are you so convinced that a loan was never advanced? I understand that it would be convenient for you if it had never happened but is there anything else that supports your belief?
    It's not difficult!
    'Wander' - to walk or move in a leisurely manner.
    'Wonder' - to feel curious.
  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    As already stated the charge is the other persons proof, if you want to persue this you could end up paying all the legal costs including the defendants.
    Be Alert..........Britain needs lerts.
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