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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33807
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Hi my partner had a joint mortgage with her ex who left 15

Resolved Question:

Hi my partner had a joint mortgage with her ex who left 15 years ago,but prior to that 25 years ago he had an accident in a van and wasnt insured he was sewed for £390.000 so a charge was put on the house,now that my partner has just finished paying the mortgage i hassen to add on her own, the company concerned now want there money. any help would be appreciated
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I shall do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

Hi clare the house is worth between 350 to £400.000 and the mortgage has finished

Expert:  Clare replied 2 years ago.
Hi
Will her ex agree to the transfer.
Clare
Customer: replied 2 years ago.

Hi Clare we hope so this is yet to be resolved

Expert:  Clare replied 2 years ago.
Hi
Could you just confirm how much the charge on the property is for?
Clare
Customer: replied 2 years ago.

Hi Clare sorry its been a wile since i responded,the charge is £395.000,regards ian

Expert:  Clare replied 2 years ago.
Hi
Sorry is that £395,000?
How much did your partner pay off the mortgage?
Clare
Customer: replied 2 years ago.

Hi Clare sorry for the long delays in replying,The amount is 395 thousand,and her partner has'nt contributed anything for about15 years,she has paid it all on her own,regards ian

Expert:  Clare replied 2 years ago.
Hi
Just to check - the property was always in joint names and the charge is against HIS interest in the property alone?
Clare
Customer: replied 2 years ago.

Hi clare yes thats correct all the coripondence is addressed to him. regards ian

Customer: replied 2 years ago.

HI clare this is the proberlem we dont know for shure the charge is registered against the property which is not worth as much the charge aganst it,and as i mentioned all the correspondence is aimed at him,there is no mention of her half,regards ian

Expert:  Clare replied 2 years ago.
Hi
Have you seen a copy of the deeds at all?
Clare
Customer: replied 2 years ago.

Hi Clare .no we have not seen a copy of the deeds since this happened, also it seems strange we have had only one letter in all this time addressed to him, about two months ago a letter arrived asking him what he was going to do about the debt,if it would be of any help i will i can give details of the company if you think that may be of use, regards ian

Expert:  Clare replied 2 years ago.
Hi
have you checked at the Land Registry and got a copy of the deeds
http://www.landregistry.gov.uk/public/property-ownership
Clare
Customer: replied 2 years ago.

Hi clare i have downloaded a copy of the land registry

Expert:  Clare replied 2 years ago.
Hi
Excellent
What does it say about charges on the property?
Clare
Customer: replied 2 years ago.

Hi Clare i have attached a copy of the land registry for you to look over regards ian


Title Number : K1451
This title is dealt with by Land Registry, Croydon Office.
The following extract contains information taken from the register of the above title
number. A full copy of the register accompanies this document and you should read that
in order to be sure that these brief details are complete.
Neither this extract nor the full copy is an 'Official Copy' of the register. An
official copy of the register is admissible in evidence in a court to the same extent
as the original. A person is entitled to be indemnified by the registrar if he or she
suffers loss by reason of a mistake in an official copy.
This extract shows information current on 27 JUN 2014 at 10:16:01 and so does not take
account of any application made after that time even if pending in the Land Registry
when this extract was issued.
REGISTER EXTRACT
Title Number
: K1451
Address of Property
:***** Sidcup (DA14 5AN)
Price Stated
: Not Available
Registered Owner(s)
: ROBERT BROOK PRESTON and SHARON PAULA PRESTON of 159
Maidstone Road, Sidcup, Kent DA14 5AN.
Lender(s)
: Santander UK PLC
MADELEINE ANITA LOUISA OSWALD
1 of 3
This is a copy of the register of the title number set out immediately below, showing
the entries in the register on 27 JUN 2014 at 10:16:01. This copy does not take account
of any application made after that time even if still pending in the Land Registry when
this copy was issued.
This copy is not an 'Official Copy' of the register. An official copy of the register
is admissible in evidence in a court to the same extent as the original. A person is
entitled to be indemnified by the registrar if he or she suffers loss by reason of a
mistake in an official copy. If you want to obtain an official copy, the Land Registry
web site explains how to do this.
A: Property Register
This register describes the land and estate comprised in
the title.
BEXLEY
1
(04.11.1933) The Freehold land shown edged with red on the plan of the
above Title filed at the Registry and being***** Sidcup
(DA14 5AN).
B: Proprietorship Register
This register specifies the class of title and
identifies the owner. It contains any entries that
affect the right of disposal.
Title absolute
1
(26.05.1988) PROPRIETOR: ROBERT BROOK PRESTON and SHARON PAULA PRESTON
of***** Sidcup, Kent DA14 5AN.
2
(13.08.2002) CAUTION in favour of THE SOLICITOR INDEMNITY FUND LIMITED
(Co. Regn. No.(###) ###-#### care of McCormick's Solicitors, 35-37 East
Parade, Harrogate, North Yorkshire HG1 5LQ and care of Solicitors
Indemnity Fund, 113 Chancery Lane, London WC2A 1PL and of Solicitors
Indemnity Fund, Lower Ground Floor,***** Mincing Lane,
London EC3R 7YE.
3
(29.10.2002) CAUTION in favour of THE SOLICITORS INDEMNITY FUND LIMITED
(Co. Regn. No.(###) ###-#### care of McCormick's Solicitors, 35-37 East
Parade, Harrogate, North Yorkshire HG1 5LQ and care of Solicitors
Indemnity Fund, 113 Chancery Lane, London WC2A 1PL and of Solicitors
Indemnity Fund, Lower Ground Floor,***** Mincing Lane,
London EC3R 7YE.
4
(04.06.2003) CAUTION in favour of THE SOLICITORS' INDEMNITY FUND
LIMITED (Co Regn No(###) ###-#### care of McCormick's Solicitors, 35-37 East
Parade, Harrogate, North Yorkshire HG1 5LQ and care of Solicitors
Indemnity Fund, 113 Chancery Lane, London WC2A 1PL and of Solicitors
Indemnity Fund, Lower Ground Floor,***** Mincing Lane,
London EC3R 7YE.
5
(20.03.2007) RESTRICTION: No disposition of the registered estate is to
be registered without a certificate signed by the applicant for
registration or his conveyancer that written notice of the disposition
was given to Kings Hill (No 1) Limited at P O Box 250, West Malling,
Kent, ME19 4NA being the person with the benefit of an interim charging
order on the beneficial interest of Robert Brook Preston made by the
Dartford County Court on 27 March 2007 (Claim number 6RU02941).
6
(11.04.2007) RESTRICTION: No disposition of the registered estate is to
be registered without a certificate signed by the applicant for
registration or his conveyancer that written notice of the disposition
was given to Black Horse Ltd at St William House, Tresillian Terrace,
Cardiff, CF10 5BH being the person with the benefit of interim charging
order on the beneficial interest of Robert Preston made by the Bromley
County Court on 5 March 2007 under Claim Number BR205925.
Title number K1451
2 of 3
C: Charges Register
This register contains any charges and other matters
that affect the land.
1
(26.05.1988) REGISTERED CHARGE dated 6 May 1988 affecting also title
SGL195430 to secure the moneys including the further advances therein
mentioned.
2
(10.02.2010) Proprietor: SANTANDER UK PLC (Co. Regn. No.(###) ###-#### of
Deeds Services,***** Milton Keynes MK9 1AA.
3
(26.05.1988) REGISTERED CHARGE dated 6 May 1988 affecting also title
SGL195430 to secure the moneys therein mentioned.
4
(26.05.1988) Proprietor: MADELEINE ANITA LOUISA OSWALD of 37 Beech
Avenue, Sidcup, Kent.
End of register
Title number K1451
3 of 3

Expert:  Clare replied 2 years ago.
Hi
Who is Madeleine Oswlad?
Clare
Customer: replied 2 years ago.

Hi that would be my partners mum

Expert:  Clare replied 2 years ago.
Hi
Ok
And who did McKormicks act for?
How much did your partners mum lend?
Clare
Customer: replied 2 years ago.

Hi Solicitors indemnity fund (sif)

Customer: replied 2 years ago.

Also the amount borrowed from mum was £7000

Expert:  Clare replied 2 years ago.
Hi
sorry - I meant whose debt was the McKormick one - his or your partners?
Clare
Customer: replied 2 years ago.

Hi clare its his regards ian

Expert:  Clare replied 2 years ago.
Hi
How much was outstanding on the mortgage when he left?
Clare
Customer: replied 2 years ago.

Hi clare sorry for the delay in getting back to you,approx £36000

Expert:  Clare replied 2 years ago.
Hi
This is a good news bad news situation and I am afraid the good news is not great.
Your partner's half of the equity is safe.
She will also be able to claim credit for the money that she has paid off the mortgages.
however the rest will have to be paid to the people who have charges over her ex's share of the property
They can indeed apply to force the sale of the property - HOWEVER it is far from certain that they would be successful given that the debtor is not living in the property
There is no way that this can be avoided I am afraid - the Charge was put on too long ago to be challenged and unless her ex can raise the funds (unlikely given the amount involved) then the charge stands
I am sorry that the news is so bad
Please ask if you need further details
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33807
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
Clare and 2 other Property Law Specialists are ready to help you

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