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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)
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My parents in law are wanting to sell their house but there

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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
INC Law

Hi,

Can you provide a copy of the wording of the charge or a copy of the title register?

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Customer: replied 6 months ago.
It has " (11.09.1991) Proprietor" and then the guys name and address

Hi

Has the solicitor attempted to contact the named person?

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Customer: replied 6 months ago.
We believe he died some time 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

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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?

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

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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.

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

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Customer: replied 6 months ago.
If they have died and there is no family what can be done?

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

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Customer: replied 6 months ago.
Thank you for your time

It's a pleasure.

Kindly rate the answer and click ACCEPT.

Many thanks

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