Legal Charge over My Home

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  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
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    ValiantSon wrote: »
    This doesn't make sense. As others have said, your son is not needed to authorise the charge, unless he is a co-owner of the house. The debt is yours and your husband's, not your son's..

    It may be the parents debt but there is a legal precedent (sorry can't remember the name of the rule) that to be able to apply for realisation of the charge, ie kick them out, all adults having the right to live there, have to sign a disclaimer.
  • shortcrust
    shortcrust Posts: 2,697 Forumite
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    jonesMUFCforever wrote: »
    It may be the parents debt but there is a legal precedent (sorry can't remember the name of the rule) that to be able to apply for realisation of the charge, ie kick them out, all adults having the right to live there, have to sign a disclaimer.

    Spot on. When parents remortgage their children have to sign the same if they’re over 18. I had to do this when mine remortgaged more than 20 years ago.
  • ValiantSon
    ValiantSon Posts: 2,586 Forumite
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    jonesMUFCforever wrote: »
    It may be the parents debt but there is a legal precedent (sorry can't remember the name of the rule) that to be able to apply for realisation of the charge, ie kick them out, all adults having the right to live there, have to sign a disclaimer.

    Now you've said that I remember. Yes, this is true! Thanks for reminding me.
  • Bella_del_Rey
    Bella_del_Rey Posts: 2 Newbie
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    Yes, my son will need to sign but does anyone know the answer should he not want to sign? I haven!!!8217;t approached the subject with him as yet!

    Thank you.

    Bella

    PS. For those that feel qualified to pass judgement, I know that I entered a contract to pay as I!!!8217;d been doing so for years.
    However, I didn!!!8217;t know that my husband would run off with a trollope 22 years his junior, spend tens of thousands on her, hide monies, deny me access to money and stop paying fees and there!!!8217;s more but superfluous here!
  • Savvy_Sue
    Savvy_Sue Posts: 46,024 Forumite
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    Bella_del_Rey wrote: »
    I explained my concerns to the school as I’m worried about being repossessed but they showed no empathy nor compassion for my sons who were once their pupils. For an institution to have charitable status (in order to pay less taxes) and behave like an aggressive creditor does raise some questions so may lobby my local MP!
    Charity Trustees are required to act in the best interests of the charity. NOT pursuing payment of the overdue fees would not be in the best interests of the charity.

    One might argue that the school didn't take steps early enough, but that would be an entirely separate matter.
    Bella_del_Rey wrote: »
    The solicitors acting for them advise that as my eldest son is now 18, he’ll need to give his permission to the legal charge. What are the implications if he say, chooses not to sign?
    I'd have thought his refusal to sign would make repossession more likely, just as it would make a sale impossible if you were planning to sell and he refused to sign the forms required in that case.
    Bella_del_Rey wrote: »
    Yes, my son will need to sign but does anyone know the answer should he not want to sign? I haven't approached the subject with him as yet!
    Personally, I think I'd make it clear that if he wanted to continue to live in the family home, he needed to sign the document allowing the legal charge. The alternative will be very unpretty.
    Signature removed for peace of mind
  • ValiantSon
    ValiantSon Posts: 2,586 Forumite
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    Bella_del_Rey wrote: »
    Yes, my son will need to sign but does anyone know the answer should he not want to sign? I haven!!!8217;t approached the subject with him as yet!

    Thank you.

    Bella

    PS. For those that feel qualified to pass judgement, I know that I entered a contract to pay as I!!!8217;d been doing so for years.
    However, I didn!!!8217;t know that my husband would run off with a trollope 22 years his junior, spend tens of thousands on her, hide monies, deny me access to money and stop paying fees and there!!!8217;s more but superfluous here!

    Should your son choose not to sign the paperwork allowing for the charge then it is possible that the school will take enforcement action to recover the debt, i.e. they will no longer honour the repayment plan that you have agreed, take you to court, and as a result, cripple your credit rating. I suggest that you tell him that he needs to sign this so that you can pay the outstanding fees. Once the fees are paid the charge should be removed.
  • John-K_3
    John-K_3 Posts: 681 Forumite
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    Bella_del_Rey wrote: »
    Yes, my son will need to sign but does anyone know the answer should he not want to sign? I haven!!!8217;t approached the subject with him as yet!

    Thank you.

    Bella

    PS. For those that feel qualified to pass judgement, I know that I entered a contract to pay as I!!!8217;d been doing so for years.
    However, I didn!!!8217;t know that my husband would run off with a trollope 22 years his junior, spend tens of thousands on her, hide monies, deny me access to money and stop paying fees and there!!!8217;s more but superfluous here!
    As long as there was a clause in the contract saying that you would be let off under these circumstances then you are fine.

    If, as I suspect, you agreed to pay irrespective of your relationship then I do not think it is relevant.
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    edited 25 May 2018 at 7:51PM
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    Hi,

    In order for a charging order to be granted, the school must first take you to court and obtain judgement in their favour.

    Before this even happens they must follow the pre-action protocol, and a court may decide the claim is unwarranted as the debt is already being paid.

    Are both you and your husband liable for the debt ?

    Are you both named on the deeds ?

    If yes, then a charging order can be granted if they get a CCJ.


    If your son is not named on the house deeds as an owner, then he has no beneficial interest at all, and non of this has absolutely anything to do with him.

    Charging orders can only be granted against homeowners.

    Without a CCJ, there is no chance of a charging order or a visit from bailiffs.
    If you dont have a CCJ but a debt collector or solicitor is threatening this sort of thing then dont panic, they are just trying to pressure you into paying them.

    Agreeing to a voluntary charging order is not advisable without first seeking legal advice, the legal system gives you rights which you would basically be throwing away by following this course of action.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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