charge on property in dads name he now dead do we have to remove

[madasamuppet]

my dad got into debt and

 

 

subsequently had a charge placed on the house after a credit card debt was taken to court.

 

 

he died last year and now my mum looking to sell.

 

 

do we have to remove the charge or will this automatically be gone

and nothing owing when my mum comes to sell.

 

 

she hasn;t notified the credit card company that he died last year.

 

 

any help appreciated thank yu

[citizenB]

Sorry for your loss.

 

Will try and find someone to help - was the credit card debt only in your Father's name and was the CO just a restriction ?

[madasamuppet]

debt was just in his name and not sure about if restriction, this was placed a few years ago and nothing has happened with the CO since

[dx100uk]

you say Scotland

was the debt taken out whilst he was resident in Scotland?

then it would be a schedule of inhibition?

 

 

dx

[madasamuppet]

yes has always been resident in scotland

[dx100uk]

are you sure land registry says this is a charging order?

[madasamuppet]

how would i find that out,

[citizenB]

how would i find that out,

 

https://www.ros.gov.uk/services/registration/land-register

 

As you are in Scotland, I think you will need to check out the link above. If you click on their "Contact us" button, they may have an email address or telephone number you can contact for advice. Check out their FAQ section first to see if you can find the answer there.

[AndyOrch]

Inhibitions do have limitations: They cannot be applied where prior missives have been concluded or where property is being sold under Power of Sale (following repossession by a mortgage).

 

A Sheriff can limit them if a decree has already been granted e.g. transfer of property to someone else. (Where an inhibition is limited it only applies to the property specified in the action, or by the Sheriff.)

 

It is valid for 5 years from the date it is registered in the Register of Inhibitions and Adjudications. It isn’t valid after the outstanding amount is paid in full, the 5 year period expires or on the death of the debtor.

However a pursuer can seek to renew the inhibition. The expenses of the inhibition, including those expenses relating to the discharge of the inhibition also require to be paid by the defender.