death and ccj on property

[yohe]

My husband has recently died leaving a large amount of unsecured credit card/loans debt.......we have a joint mortgage on a joint property.I am sorting out affairs and I personally have a ccj in my name secured on property.I am taking over the mortgage payments and am in process of getting my husbands debts written off as he had no sole asset over £5000...........today I am told that because I have a ccj on the property that effectively cancells the tenancy of the motgage so thereby releasing 50 % of the property into an assett for my husbands estate..................I have read the landregistrey papers etc for ccj and there is no mention of this and also have spoken to mortgage provider who are also unaware......help needed please ......there is no money and I am on a dmp ..........

[marylikes]

Hi yohe, sorry for your bad news. Does the house have much equity in it? I recently had to deal with an estate and even though there was a property and a mortgage we never had any problems informing the creditors that the debtor had passed away. It was a simple process for us. All of them closed the accounts without question. Who is telling you the CCJ cancells tenancy?

[MrHat]

Following

[yohe]

I submitted paperwork to Barclays and their solstice Phillips and Cohen said because the cc was in my name that effectively changed the tenancy wording of mortgage and made Terry share into an assett..........they are now passing paperwork back to Barclays collections

[yohe]

And yes there is equity on property as only 8 payments left on mortgage .......they are large payments £970 per month............property value approx£100 k...............

[marylikes]

Hi yohe ,you have to be very careful here as you are going to be dealing with several complicated laws, the process of Probate and Administering what looks to be an insolvent estate and land/property issues. None of it is going to be straightforeward for you given what Barclays have said .

 

I'm assuming it is yourself that is administering the estate and if so your first priority has to be to the creditors of the estate. Its important to remember that bit as anything you do or don't do could lead you to be personally liable.

 

I'm really out of my depth with it and can only pass on my experiences.

They've made it clear they have recognised what they see as an asset. You now need to find out what your exact status is as regards joint tenancy, tenancy in common etc.. I think your first port of call should be to contact your mortgage company and ask them how you can find out this information. Once you get this information you will be better placed to get some detailed advice. I'd go to one of them free Legal Clinics for some initial advice, some Universities etc do these. That may narrow down the issues you need to concentrate on.

 

We where fortunate in that we just sent off copies of Letters of Administration, Death Cert and told them there was no monies to pay the accounts and they closed them.

 

Good luck with it all.

[yohe]

Thank you.............I think I will do as you say 're mortgage .....I HAVE spoken to them on the phone and the answer was never heard of that.......a letter maybe better as they will have to check.........also I noticed a contact no in the court paperwork 're landregistrey for help so I will also try them..............kindest regards will let everyone know outcome .........