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Non R's - Legal / Financial Advice 14:39 - Nov 19 with 1006 views

Any advice from brains better than mine please.

Have a position where a house has been left to someone in the family by their Dad.
Their Dad divorced their Mum years ago and house signed over in settlement to his sole name.
Long story but the Mum then ended back at the family house, kept marital surname and has lived their ever since.
The Mum is a gambler.

How can my cousin check that his Mum is not running up debts at the home / against the home where the Mum still lives but is in my cousins name as he inherited it? (He's paying off IHT on this at the moment)
When his Mum dies would he be liable for said debts?

It's a real tangled web and thats just the tip of the iceberg --- it's one of the reasons i prefer my QPR family to some of my extended family!!!!!

Any help or advice gratefully gratefully recieved and if there's anyone out there who deals with these sort of things proffessionally then I'd be happy to consider employing them for "official" advice.

Thanks

Cherish and enjoy life.... this ain't no dress rehearsal

Non R's - Legal / Financial Advice on 14:42 - Nov 19 with 998 views

jeffro

If you know a solicitor, they can run a search against the property address and will show exactly if any "legal Charges" are against the house.

These will be paid off before any profits in the house are made after selling.

If no charges are registered, then its all good.

Non R's - Legal / Financial Advice on 14:49 - Nov 19 with 980 views

essextaxiboy

I would assume that before anyone can borrow money using the house as security the lender would check that they have legal title over it ..to protect themselves .

Non R's - Legal / Financial Advice on 14:55 - Nov 19 with 970 views

WinchestR

He can check with Land Registry if any charges are registered against the property. There is a fee, but anyone can do it http://www.landregistry.gov.uk/public/online-services.

This will show if any loans/court orders etc have been registered against the property. For a more thorough look into it, it might be worth speaking to a local solicitor - afraid it's not my area, so I don't know what more to suggest.

Hope that's some help

Non R's - Legal / Financial Advice on 15:28 - Nov 19 with 929 views

pomanjou

You can get most of the answers on property titles anc charges as said from Land Register. No need to go to a brief for that. It costs very little to find check those basics. e.g. proerty titel costs £3 quid I believe.

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Non R's - Legal / Financial Advice on 15:42 - Nov 19 with 907 views

Lblock

Thanks for that - we have checked with LR on charges but I don't know how quick they'd appear

My take on it is if she had any other unsecured debts then they'd die with her or be sorted out of her estate and the house, even though she'd lived there 19 years, wouldn't be part of that.

And I thought QPR was complicated

Cherish and enjoy life.... this ain't no dress rehearsal

Non R's - Legal / Financial Advice on 16:34 - Nov 19 with 855 views

scot1963

she can't put, or have, a 'charge' placed against the property (a notice of a debt or a loan) if she's not the legal owner (unless she has forged your cousin's signature which is another matter). A person looking to put a charge on a property would check with the title at the Land Registry to see who the legal owner is before placing the charge and it would then become apparent that she is not the legal owner - they are not entitled to place that charge against the property of third party. For additional information, any charge would show as an entry on the title and any charge that is not shown in the title of a registered property is not legally binding

Non R's - Legal / Financial Advice on 18:19 - Nov 19 with 812 views

BumdaR

If she can prove she has made a material contribution to the property in terms of bills/it's upkeep, she may be able to stake a claim on some of the equity, unless she has signed an occupiers consent form in which she waives her right to any equity that may exist.

Non R's - Legal / Financial Advice on 23:23 - Nov 19 with 752 views

Lblock

Non R's - Legal / Financial Advice on 18:19 - Nov 19 by BumdaR
If she can prove she has made a material contribution to the property in terms of bills/it's upkeep, she may be able to stake a claim on some of the equity, unless she has signed an occupiers consent form in which she waives her right to any equity that may exist.

This is me cousins main concern but it isn't the case. As wl as being a gambling addict she's a pathological liar and has said her non-existent winnings have funded the house for decades!!!

His other main concern is having to pick up her debts when she dies, both legal and anyone heavier!!!

A mess

I think on reflection I'd rather have my main concern of when Sparkless goes, who'll replace him and if we can best Derby's lowest points total!!!!!

Thanks again for everyone's advice

Cherish and enjoy life.... this ain't no dress rehearsal

Non R's - Legal / Financial Advice on 09:10 - Nov 20 with 695 views

DWQPR

Non R's - Legal / Financial Advice on 23:23 - Nov 19 by Lblock

There are two types of loans in this country, 'unsecured' and 'secured'. The limit for unsecured loans, i.e. personal loans, credit cards etc have an upper limit on each individual loan of £25,000. Secured loans are in essence mortgages or second charges, (only a second charge if there is an existing mortgage), and the lender will demand that these loans a completed with an aid of a conveyensor, who will as part of his checks look at whether there are any existing loans on the property and also who the property belongs to. If the applicant is not the owner, despite a long term residency, then no loan. Oh, and if by any chance a signature has been forged to secure a loan against the property, the this will be classed as mortgage fraud, which is a criminal offence, which can lead to imprisonment. In addition to this, any such loan, the applicant has to prove their identity, with one part of the evidence required being photographic evidence, such as a passport or driving licence.

[Post edited 1 Jan 1970 1:00]

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