Charge on house from approx 2007

vonnkvonn

I’m asking on behalf of my bf who has just found out that there is a charge on his ex partners home, he wants his name off the property (divorced 2014)but they did a quick thing!! stupid I know), but as they took the 11k loan in 2005 when together it is still in both of their names, but he hasn’t lived with her or their daughter since 2012.  We found out a few week ago now and she has pushed the whole amount of 33k onto him to sort if he wants his name off the house he has also just found here is no equity in the property (HOW I don’t know !!!)  which he is sad about as their daughter was to get that. 
Lloyds have said the account is closed but the Charge remains on the property till paid, it actually took 2 hours to get the details when we called to sort it.  I have some funds and asked him to make an offer of full and final but making his ex aware she pays 50%. 

I have pushed and he advises me he had no knowledge of all of this as does she but I genuinely believe he doesn’t and has had no communication with the bank since 2007 or any letters from them or the court. 

He has moved several times being on electrol register at all addresses.  

He is very worried and doesn’t know where to turn can anyone help. Please 

silvercar

Trying to understand all you have written, but there are some details missing.

1. Is the property in joint names?
2. Is there a mortgage on the property? In joint names of your partner and the ex?
3. Is the 11k loan also in joint names? Why is it now 33k?
4. Any equity in the property would be its value less the mortgage, less this loan of 11k (or is it 33k). can you calculate this.

 "Lloyds have said the account is closed but the Charge remains on the property till paid, it actually took 2 hours to get the details when we called to sort it."

So is that a default? With interest still being charged but payments not made? Was it originally a secured loan or did Lloyds put a charge on the property at a later date?

" I have some funds and asked him to make an offer of full and final but making his ex aware she pays 50%. "

I don't know how you can force the ex to pay 50%, does she have the cash? Is she interested in removing the charge? Depending on the names on the charge, on the deeds and on the mortgage may determine whether it is worth negotiating on this.

MalMonroe

Hi,

If it were me I'd want much more information, and to know exactly what was going on. I wouldn't be offering to pay anything until the matter was explained fully and sorted out properly and legally.

The cheapest and most effective way of getting this sorted might be to consult a solicitor in the first instance. Your partner needs to know all the facts and figures before even attempting to pay any money to anyone.

There is some good information about obtaining legal help and advice on the Citizens Advice website, link here -

https://www.citizensadvice.org.uk/law-and-courts/legal-system/finding-free-or-affordable-legal-help/

If your partner hasn't even lived in the property for ten years, what exactly is the rush now?

I'd also advise you to hang on to your personal money for the time being. That's a lot to lose when you haven't even been involved. (You said " I have some funds and asked him to make an offer of full and final" - I say keep your funds where they are for the time being.) You could end up losing a lot, especially as you don't say that you are married.

Best sensible thing - your partner should not be rushed into paying out great sums of money without having all the facts and figures. It sounds like a very confused and confusing problem but everything needs to be explained to him in far more detail. 

Hope that's helpful. 

JCS1

I'd suggest getting hold of a copy of any paperwork from land registry before spending money on lawyers.

ToxtethO'Grady

Lots of information missing and you should try to answer the questions Silvercar asked.

As the Charging Order (CO) is before 2008 there are different rules and it may need more specialist/legal advice. The interest on a CO is not secured and this could be disputed if they have not followed the correct process of notifications/statements etc, which I would feel would be unlikely as someone will have been sent the statements.

My own experience is that a creditor will not go chasing after your partner when they are probably sending the letters in joint names to his ex and that address and no-one has informed them any differently.

Highly unlikely a full and final will be accepted on a final charge, it's secured so why accept less? I would not even contemplate that if it is a joint debt.

My own experience was we would need I&E's from both parties and proof of income etc before accepting a reduced offer on a secured debt, if you are paying in full then the only questions will be where you have got the money from to make sure someone isn't using their pension to pay off debt.

I would advise you to be very cautious in paying this off unless you are quite happy to not receive anything back, you are not named on the deeds/mortgage etc so you stand to get nothing if there is any equity after the sale of the property.