'Charge' on property, but likely no sum owed. Chargee not discharging DS1, tho'.

WIAWSNB

Hi.

Situation is that an estate's executor is trying to sell the house that is part of the estate. The deeds show a charge was added to the estate a few years ago for the benefit of a relative who had agreed to lend money to the homeowner for them to invest. The 'charge' was written up and exists, but no actual sum is recorded, and no transfers can be tracked via the deceased's bank accounts - in short it appears almost certain that no sum was actually loaned, so now needs to be repaid. (The homeowner did make their planned investments, but used their own savings. It seems clear that the 'charge' option was there as a reserve for additional investments if required - seemingly they were not.)

However, the chargee is now being an arris, almost certainly because the estate was not left to the next of kin, but to a different party in a valid will. They have stopped responding to comms.

So, how does the executor oblige the chargee to discharge the DS1?

Ta.

Keep_pedalling

Has the executor contacted the person the charge is in favour of? If so have they confirmed nothing is owed by the estate?

flaneurs_lobster

https://forums.moneysavingexpert.com/discussion/comment/82093982#Comment_82093982

Think that's the point of the post.

The chargee has gone silent, OP is asking for the correct way to override/correct the outstanding charge.

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/82093982#Comment_82093982

Yes. As has the conveyancing solicitor for the property sale. The chargee appears to have shut down comms, so 'persuasion' will be required.

Wondering what the legalities are. Ideally methods that don't unfairly inconvenience or cost the estate.

mta999

So, how does the executor oblige the chargee to discharge the DS1?

persuasion - and if this fails then as far as I know the only way is via the courts (as your solicitor should know)

user1977

They go to court.

silvercar

Keep everything in writing.

Hope they reveal that the no money is indeed owed. Maybe ask them what they want to discharge the charge. They may incriminate themselves or they may state an amount near to what they would have inherited.

Not only can you not sell without this charge being sorted, you can't put a value on the estate whilst their is an unspecified charge on the property, as it would reduce the value of the estate.

silvercar

The problem is that the executor will have a hard job proving that the money was not given to the deceased by way of cash/ crypto/ gambling account.

WIAWSNB

Thanks all.

As I unfortunately suspected. I'll pass it on.

WIAWSNB

Some more research suggests that if the chargee is simply failing to respond, and the executor can provide adequate evidence to show no money transfer has taken place, then the LandReg will try and contact the chargee to confirm, and will remove the charge if they fail.

That sounds promising, as the alternative would be an unfair requirement to go 'legal', with all the cost and hassle, just because someone's being an arris.

Anyhoo, passing all this on to the lucky executor…

silvercar

https://forums.moneysavingexpert.com/discussion/comment/82094946#Comment_82094946

High risk of the chargee responding to the Land Registry???