• Interim Charging Order

    By Guest on 25th Apr 2019

    Good Afternoon
    My son's father passed away in a house fire 6 months ago, as the next of kin he has received Grant of Representation to deal with the Estate.

    There was only Buildings Insurance on the property and the property is the only asset of the Estate. The Insurance company are currently undertaking the refurbishment works to enable a sale to take place.

    We have obtained Office Copy Entries of the Title and there are several Charges registered against the property, namely and in order:-

    Mortgage, Personal Loan, Unilateral Notice of a Final Charging Order and Equitable Charge by an Interim Charging Order x 4.

    Can we apply to the Land Registry to remove these Charges from the Title?

    Furthermore, we had to use our own funds to clear the house before the Insurance company would undertake the remedial works.
    Where would we stand in the list of above creditors in getting back our money?

    Many Thanks

  • 1 Answers

    By Guest on 26/04/2019

    With regard to the charges you would need to contact each lender and ask their requirements for discharge. This would usually be repayment of the charge. If you find that the charges outweigh the value of the property then you may wish to approach the primary lender to ask if they would exercise their power of sale to override the other charges - it is unlikely though that you would receive anything from a sale in those circumstances.

    This is written from a conveyancing perspective and I advise you consult your probate lawyer over whether there is any ability to disclaim the gift if it is less than the value of the charges secured on it or if they have any other relevant points from a probate perspective. Likewise with the debt claims we advise you consult a litigation professional.

    www.notaryexpress.co.uk

  • Post Your Answer


  • Do you want to be informed of further comments / replies? Yes No

Ask a Question

Search