Help on charging order on late fathers house.

Rob_01

Thank you all for your replies. I really appreciate them. I got probate last year, a couple of months after he passed. I never got access to the property until christmas. The roof was in a bad state of repair, and for safety reasons, the property could not be sold in its current condition (water from ceiling etc). I spoke with the mortgage company regarding timescales to sell etc, I also got a settlement figure. We (family) decided that we would get a little bit more if it was in better condition. As I am the only one holding down a full time job, and as appointed executor, I felt it was a worthy investment to get a bit more on the house price, as we would all benefit. I've checked his mail since Xmas, and I have not seen anything relating to this charge. I was under the impession that I would be informed of any debts relating to the property. My father certainly didn't mention it before he passed. I've never been in this situation before, and yes, you are correct, If I had known there were any charges I certainly would not have invested a lot of money and time trying to get a decent price, I would of walked away leaving it to the mortgage company and creditors to fight over. However, I seen it as an opportunity for my Dad to leave something to his kids and grand children, and remember him fondly.

Sadly, it looks like this is not the case.

diego_94

Whats the charge from? It will say it on the deeds.

Rob_01

RESTRICTION: No disposition of the registered estate,other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to ****Creditor****, being the person with the benefit of an interim charging order on the beneficial interest of ***My late Father and Court***

Slithery

I know this is no use to you now, but may be useful to any future readers of this thread.

You can pay £3 to the LR to get a copy of the charges on any property, this should be the first thing you do before deciding to act as executor.

GDB2222

I take it that you have been in touch with the holder of the charge and received a settlement figure? 

Rob_01

Not yet, GDB. The conveyancer has written to them and we are awaiting a reply.

Thank you slithery, certainly. Hopefully it will help anyone falling into the same situation as me. To think, £3 could of saved me thousands.

Thanks to all for responses and advice.

GDB2222

I don’t want to give false hope, but very occasionally these charging orders get left on the LR after the debt has been paid off.

SusieT

I would ask your solicitor to look closely at the order, as IF it is only an interin, and IF it is a restriction it may have a very small chance of being negotiable. Its worth a try

AdrianC

Rob_01 said:

I got probate last year, a couple of months after he passed.

So you applied for probate before fully identifying the extent of his assets and debts?

GDB2222

AdrianC said:

Rob_01 said:

I got probate last year, a couple of months after he passed.

So you applied for probate before fully identifying the extent of his assets and debts?

That comment epitomises some of the worst aspects of this forum.