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.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69254
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

hi,I am the registeredcharge on a mortgage for a property i

Customer Question

hi,I am the registeredcharge on a mortgage for a property i sold to my step daughter 5 years ago. the charge is for 32k, and was for a shortfall in what i sold it for (15k less than value) as she could only get a small mortgage, and the rest was to pay me back for all work done in modernising the property including re wire and heating system, knocking walls out and totally refurbing. how can i go about forcing the charge please??
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

Is there any agreement for her to repay the money?

What I need to know is why you now want to recover the money in respect of the charge.

What is the total value of the house and how much is the first mortgage?

Customer: replied 2 years ago.
The first mortgage is for around 40k. The value is around 75 k. I am in the process of sorting a financial settlement with my ex and nee to raise funds. The only way is to force the charge if I can?
Expert:  Jo C. replied 2 years ago.
Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

Unless there was an agreement in the original legal charge for the loan to be repaid at some stage before the property is sold the court will not necessarily enforce a sale.

It is different if this is a debt which is due to you and for which you are the hostile charge against the property because the person was not paying you.

However, if this was simply a loan which you secured by way of charge, you will struggle to force a sale of the property unless your step daughter has done something which she should not have done with regard to the charge, or has not done something which she should have done.

In addition, the first mortgage may oppose your application in any event, if they are happy with the way that mortgage account has been run and they do not want to lose it.

For that reason, if ever anyone is granting a charge over the property there should always be the condition that it is repayable on demand, or over a period of time.

If that condition is in there you are able to make an application to court for an order for sale.

I am sorry if this is bad news for you.

Hope this helps. Please let me know if you need more information.


What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice