We use cookies to improve your experience. By continuing to use this site you consent to the use of cookies as described in our cookie policy, unless you have disabled them. Login|Contact Us Ask an Expert Law Ask a Law Question, Get an Answer ASAP! Ask an Expert Ask a Solicitor How JustAnswer Works: * Ask an Expert Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm. * Get a Professional Answer Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to. * Go back-and-forth until satisfied Rate the answer you receive. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. Ask INC Law Your Own Question INC Law INC Law, Solicitor-Advocate Category: Law Satisfied Customers: 13882 Experience: LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai) 12179604 Type Your Law Question Here... __________ __________ __________ __________ __________ __________ __________ __________ __________ __________ INC Law is online now Continue > My parents in law are wanting to sell their house but there This answer was rated: ★ ★ ★ ★ ★ Hi there, my parents in law are wanting to sell their house but there is a charge on the property from years ago although we believe no money is actually owed. They originally rented the property and when the owner died his son in law was made executor of the estate and it is in this persons name that the charge is (dated from 1991). He put the house up for auction and my in laws bought it. I spoke to a solicitor earlier who said that anyone buying the house with a mortgage wouldn't be able to get a mortgage due to this charge but if that's the case then surely my in laws wouldn't have been able to get a mortgage either? My actual question is how do they go about getting this charge removed as I thought it would be something their solicitor for selling the house would do but the solicitor I spoke to didn't really seem keen or indicate that it was something they would do. JA: What steps have you taken so far? Have you prepared or filed any paperwork? Customer: No because we don't have any idea where to start JA: Where is the house located? Customer: Oldbury on severn, near Bristol JA: Anything else you want the lawyer to know before I connect you? Customer: I don't think so Share this conversation INC Law Expert: INC Law replied 6 months ago. Hi, Can you provide a copy of the wording of the charge or a copy of the title register? Ask Your Own Law Question ____________________ ____________________ Ask this Expert Ask any Expert Customer: replied 6 months ago. It has " (11.09.1991) Proprietor" and then the guys name and address INC Law Expert: INC Law replied 6 months ago. Hi Has the solicitor attempted to contact the named person? Ask Your Own Law Question ____________________ ____________________ Ask this Expert Ask any Expert Customer: replied 6 months ago. We believe he died some time ago. INC Law Expert: INC Law replied 6 months ago. Hi, It would then be for the executors of the estate to remove the charge. Your solicitor will need to contact the executors and request that they remove the charge on behalf of the estate. A copy of the death certificate will also need to be provided. I hope this answers your question. If so, kindly rate the answer and provide feedback. if you have any further questions, please do not hesitate to ask. many thanks Ask Your Own Law Question ____________________ ____________________ Ask this Expert Ask any Expert Customer: replied 6 months ago. If he's on the list as the proprietor (I assume that means the owner of the house at the point of sale to my in laws) though and the deeds show that my in laws now own the house shouldn't he have been removed at the time? INC Law Expert: INC Law replied 6 months ago. Hi, He would be shown as the proprietor of the charge. Not the current proprietor. The title register is made up of various sections. In which section does his name appear, the proprietorship register or the charges register? If the former, he would be the owner. If the latter, he would be the owner of the legal charge. I hope this answers your question. If so, kindly rate the answer and provide feedback. if you have any further questions, please do not hesitate to ask. many thanks Ask Your Own Law Question ____________________ ____________________ Ask this Expert Ask any Expert Customer: replied 6 months ago. It's on the charges register but once my in laws bought the house then he wouldn't be owed anything. INC Law Expert: INC Law replied 6 months ago. Hi, If it is on the charges register, it should have been removed when the purchase occurred. Only the holder of the charge or their estate can remove the charge by providing am executed DS1 document. I hope this answers your question. If so, kindly rate the answer and provide feedback. many thanks Ask Your Own Law Question ____________________ ____________________ Ask this Expert Ask any Expert Customer: replied 6 months ago. If they have died and there is no family what can be done? INC Law Expert: INC Law replied 6 months ago. Hi, You would normally have to make an application to court. This would be a lengthy and costly process. As I have answered your original question, kindly rate the answer and provide feedback. Your question will not close and I will be happy to answer any follow up questions. many thanks Ask Your Own Law Question ____________________ ____________________ Ask this Expert Ask any Expert Customer: replied 6 months ago. Thank you for your time Expert: INC Law replied 6 months ago. It's a pleasure. Kindly rate the answer and click ACCEPT. Many thanks INC Law and 3 other Law Specialists are ready to help you Ask your own question now Share this conversation Related Law Questions * Question Date Submitted * Assistant: How can I help? I am currently getting divorced, 11/10/2019 11/10/2019 * My brother left his wife back in May due to a very unhappy 11/10/2019 11/10/2019 * Swift im a 23 year old mum and wondering what my rights are 11/10/2019 11/10/2019 * My partners farther has passed away. 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