Hi, thank you for your question. The only way to have a charge removed from the property is if the appropriate debt is settled with the debtor. If this cannot be settled from your father's estate then the charge will remain on the property and will be settled if the property is eventually sold by your mother.
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Thanks. Please confirm:
-The value of the property
-How much is the outstanding mortgage
-What each charge is for and how much is it for
Thanks. The property will obviously be in negative equity given the mortgage and the charges. The charges themselves are not against your father but against the property itself and it would not make sense for them to attempt to sell the property unless they seek to settle it for the minimum amount of return (whatever is left over after the mortgage is settled).
Given that the debts have now been secured against the property you would find it extremely difficult and near impossible to attempt to contest them, especially given that your father has now passed - the time limit for appealing them will have long gone.
As they are joint tenants, the person who put the charge on the property only needs to inform one of the joint tenants. When a charge is put on a property the land registry gives written notice of the charge and any restriction to the registered owners, so the owners do not need to check.
If the mortgage provider repossess the property, then the mortgage will be settled first and then the other charges in accordance with priority.
In relation to the charges, as stated these cannot be "appealed" but you can seek to have them removed - you can see the process here, although they will be heavily contested given that the CSA are also involved - https://www.gov.uk/government/publications/discharge-of-charges/practice-guide-31-discharges-of-charges
I have not come across a case where declaration of parentage was sought after the death of the father for purposes of clearing a CSA arrears bill. I would imagine that this would be extremely difficult for you to pursue, most notably as you would need to exhume his body to obtain a DNA sample and the main argument would be why he did not do so when he was alive.
In relation to your final question - this is hard to answer as it would depend on the circumstances at the time and the legality of the charges being put on the property, as well as the wider facts and assets of the case
They would have to be a residential conveyancing solicitor or a civil litigation solicitor, depending on whether the party who has benefit of the charge will be contesting it. If they will not then a residential conveyancing solicitor can assist with applying to the lang registry.
In relation to the DNA test, declaration of parentage must be done through samples from the putative father and not relatives as this cannot determine whether he is the father or not.
I still do not think that the CSA would agree that such a DNA test would absolve his liability as if he had concerns that he was not the father he would have raised this at the time and undertaken the necessary DNA tests.