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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In 2008 a business associate sold me a property. In lieu of

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in 2008 a business associate sold me a property. In lieu of full payment he took a £100,000 second charge on my main residence. After a dispute in August 2008 I never heard from him again. He is now deceased although the charge was in joint names with his wife. The charge he took on my main residence was in joint names with me and my wife. Although the charge is registered with land registry they have no other details of the charge. Both my own solicitor and the other person's conveyancer have ceased trading. I would like the charge removed. My wife claims undue influence and was never advised to seek independent legal advice. She was not party to the original deal relating to the £100, 000. What can I do in the absence of a resolution with the person who has the charge?
Hello my name is ***** ***** I will help you with this.Do you know who the charge passed to when he died please?
Customer: replied 2 years ago.
The charge was in joint names with his wife and is now I presume just in his wife's name. I have had no official notification of anything.
Ok - have you contacted her and ask that it be removed?
Customer: replied 2 years ago.
Yes. I was referred to a solicitor who then referred me to a nephew. He said that he had full authority to deal with this although he wouldn't send me any legal proof of that. He said that he would charge £80,000 to remove the charge.
Ok - sadly you need an agreement, or Court order to remove it,. You need to ask for evidence of authority. If indeed it was the case that the original sum was £100,000 then you need to see Probate, that is this was included in the estate when he died.Then you would have evidence that it passed to wife but in any event you want proof that son has authority to act. If not, then you need not deal with the son.If there is a dispute the only way of getting it removed is with a Court order. But I assume that the original debt is still outstanding of £100,000 so therefore if it was £80,000 to remove it, that is not unreasonable.As to your wife claiming undue influence it would be up to her to bring a claim in Court for that. But it would be difficult bearing in mind this was done in 2008 and its now 2016 and nothing has happened in these 8 years, in terms of proceedings and claiming undue influence.Can I clarify anything for you about this today please?Alex
Customer: replied 2 years ago.
The main thing for me is that he wrote it off as a tax loss-although unfortunately I don't have proof of this- in order to save himself 100k in tax. In that way he didn't lose out. It now seems that the estate are going to doubly win as they have written it off and therefore reduced their tax liability but are now still able to claim the money.
Well you need evidence of that in terms of written off. Without that its still a valid charge I am afraid.You need to ask for evidence, but in any event you will see this is Probate has been granted - its a public document.Does that clarify?Alex
Customer: replied 2 years ago.
Thank you. If I can show that it was claimed as a tax loss would it make the debt unenforceable?
Not necessarily because it could be declared in future years. But it goes to credibility. If they havent claimed anything for 12 years, then it could be unenforceable, but that sadly doesnt apply here.I am sorry but ask for the evidence first.Does that help?Alex
Customer: replied 2 years ago.
Yes thank you
Great. If I could ask you to rate my answer before you go today please, otherwise the site doesnt credit me for my time. Thanks and good luck. Alex
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