A Caution 1993

InkpotRED52

Just wondering if anyone can advise or help me to find more information regarding a Charging Order Nisi registered as a Caution in 1996 on my home. This Caution/Order is in my late husband's name [registered in his second name, which I find very unusual]. As I had no knowledge of this until recently [February] the deeds were transferred along with the morgage into my name without a hitch back in 2001 when my husband died. 
In February, I READ on my deeds the registration of The Caution and after contacting the firm regarding this, the debt is for unpaid rent for a unit in 1993, originally £5600.00 is now a whopping £42,326.22p. and rising with compound interest. I explained that I had no knowledge of this debt and that my husband had died in 2001, how could I be responsible now for the debt. He said that the administrator of the will could be held responsible, there wasn't a will.
After reading on here I gather because we were joint owners, I should also have been informed regarding the Charging Order, the firm said that my husband should have told me. I cannot, neither can they, prove that my husband received this summons, incorrect full name and address [without post code]. 
Who had to inform me, the court, the firm, the morgage company, does anyone know?
Had I being informed this would have changed the status to joint owners in common, I think?
Is the firm correct in saying that the Caution [Charging Order] cannot be removed until paid in full?
Apologies for the questions, I'm not a fan of paying solicitors for anything that I can do myself, but would really appreciate any help of what next to do.Thanks.

 
 

Galloglass

Suggest for £42K you swallow your pride and talk to a solicitor. 

fatbelly

The thread you want is this one
https://forums.moneysavingexpert.com/discussion/1839539/charging-order-the-myth/p1
I just noticed Eggbox's advice:

eggbox said:

Firstly, don't trust any solicitor to sit the right way round on the toilet.

I'm assuming that a restriction is the same as a caution (it might not be but they will know) and that if your husband is no longer on the land registry entry then anything solely in his name no longer applies. Eggbox and the Land Registry Rep are the experts

[Deleted User]

House I inherited had a caution listed on the title register for a building merchants from 1982. When the property was finally put into our names in 2012, the solicitor who did it tried to contact the owner of the caution but repeatably got no response. It transpired that the company in question had been bought out numerous times and was now part of Jewson. Needless to say as they never responded, our solicitor had the caution removed at the land registry and is no longer listed on the title register.

If your's is for £42K I'd dread to think what this one would have been for over a longer period of time. Could have ended up with no property to inherit if they had come forward and claimed their money.

Good luck.

fatbelly

InkpotRED52 said:

Had I being informed this would have changed the status to joint owners in common, I think?
Is the firm correct in saying that the Caution [Charging Order] cannot be removed until paid in full?
 

On your second point, it depends what the text of the caution says
On the first point, that would have been the wrong thing to do. With joint ownership the property transfers to the other party on the first death and does not become part of the deceased's estate.
Now the question I'm not sure about is - does a restriction change the nature of joint ownership?

InkpotRED52

Thanks everyone for your replies though it's my purse not pride getting in the way, so off to the other thread.