Northern Rock equitable charge on deceased brother in laws property.

We have recently sold my husbands deceased brothers home and paid off two charges on the property.
The third charge was for an overdraft from Northern Rock on a current account circa 2011 and we have tried to locate who we can pay this charge too with no luck. 

We have approached Virgin Money who located the account but were informed it was closed in 2010 and written off. Our solicitor has also approached NRAM without any luck and no reply.

Our problem is that the buyer of the property owes the estate a significant amount of money due to my brother in law having sold him a flat well below its market value two months before his death, which was never repaid and the buyer wants to pay this debt back in 6 months time once he has renovated and can remortgage the property.

I know that we should never have sold the property to him but we were between the devil and the deep blue sea as the property was under threat of repossession so we had no other options available given the time limitation.

We now need to clear the outstanding charge because the buyer will not only have difficulty in obtaining a mortgage on it but it also gives him the excuse to never repay the outstanding debt owed to the estate.

Any suggestions are welcome, brother in law left many debts most we have now cleared but we have only gained a small amount of money and hubby and I are not spring chickens we are almost into our 80's.

Replies

  • edited 25 February at 10:04AM
    Land_RegistryLand_Registry Has MSE’s permission to post for company Organisation Representatives - Private Messages may not be monitored
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    edited 25 February at 10:04AM
    If it’s an equitable charge you’ll need form CN1 and supporting evidence to show the debts been cleared. That would normally be a form DS1 from the creditor so you need to follow the trail through to identify who now holds the debt and can therefore discharge it .
    If you’ve got written evidence regarding the specific debt/charge being written off then presumably there is no creditor now to approach. As such you could submit your form CN1 plus the confirmation and see if that’s successful 
    https://www.gov.uk/government/publications/notice-cancellation-cn1
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