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

user1977

How does one evidence a lack of a loan advance?

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/82095005#Comment_82095005

High chance, I'd hope. But if they don't, then fait accompli, I understand, given all other info.

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/82095018#Comment_82095018

You are right - you cannae prove a negative, so the house will remain unsellable indefinitely.

Cough.

The executor has the deceased's bank statements throughout, showing outgoings for investments they actually made, but also that these all came from ISAs and other smaller investments they had - there's a full paper trail. There are also references to being able to call on the other 'charge' loans if needed now that it was in place, but there are no references to actual sums being received, and nothing in the bank statements.

If the person does not reply to the LR given all this, I would expect them to lift the charge.

Land_Registry

If the charge/loan has been paid off but the lender/creditor won't discharge then you go to court with evidence to prove your case. If you prove your case the judge will normally order the lender/creditor to complete the form DS1/DS2 and apply to discharge the legal charge

If they refuse you go back to court and ask the judge to execute the form DS1

Most non-responsive folk don't want to go to court and they become communicative before that happens.

If we received an application without the required form DS1 executed by the lender/creditor we are very likely to respond as above. We wouldn't serve Notice on the lender/creditor as suggested unless your application was in order/sufficient. OP's scenario doesn't read as if it meets the registration requirements.

NOTE - if a legal charge was registered I would expect a 'value' to have been included/shared as part of the application to register. Assume you have checked to confirm with us?

silvercar

https://forums.moneysavingexpert.com/discussion/comment/82095068#Comment_82095068

All depends what their end game is, and how far they will go to achieve it. Would they lie in court if it came to it? Would they settle for a small sum if pushed?

Worst case is they claim (lie) that they passed on cash or crypto and so there is no record. Then it’s a question of whether a judge would believe them.

Best case is they reluctantly agree to remove the charge or accept a small sum for doing so.

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/82095126#Comment_82095126

Thank you for this, LR.

That's the thing - almost certainly there is no actual loan made, and there is no charge 'value' amount recorded. So it hasn't been repaid as it never actually existed.

Why is the chargee being reticent? Presumably because the probate decision didn't go his way.

However, he is a 'professional', so I hope can be persuaded to be sensible.

Land_Registry

https://forums.moneysavingexpert.com/discussion/comment/82095238#Comment_82095238

DM me the specific title number as it's interesting to note 'no value' and would be good to understand how a charge was registered in such circs. No obligation to though so entirely voluntary as I'm sure it's been checked already hence your posts

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/82095267#Comment_82095267

Will do - thanks.

The executor was surprised at the absence of a sum, too. But after being granted probate, and taking possession of all the documents and bank accounts, the answer seemed to reveal itself - no record of any money received from this person.