Help with removing charges off a property - complicated case!

[Guest]

Hello,

I have a complicated legal issue that I'm looking into on my mum's behalf and can't exactly place which types of lawyers/law firm would be able to help so I'd be very grateful for some guidance!

The situation is as follows:

In 1995, my parents bought their first family home. My mother had been working prior to getting married and used her work money to pay for the deposit. My father was very absent and didn't contribute to the bills, mortgage, etc.; his name was put on the house documents purely because he was working and my mother wouldn't otherwise be able to get a mortgage. Throughout her marriage to my father, my mum also paid off my father's debt from gambling and other activities (this cost thousands). Eventually, in 2007, we sold our old house and the money was used to buy a new one; once again, my mother handled the finances.

In 2010, my father was arrested for sexual assault and murder and, by 2013, he had been sentenced for his crimes. The cost of his trials (£190,000 in total) was placed as a charge on my parents' shared property.

My parents are now divorced and a judge has awarded my mother the property, though the charges still remain. As a result, we are seeking legal assistance in removing these charges from the property, as otherwise it would be up to my mum or us (the children) to pay it off. I'm 22 and just left university last year whilst all of my other siblings are younger. Therefore, it would be difficult for us to pay off the charge ourselves very quickly (if at all) and, considering my father never financially contributed to the property (and has admitted this in writing), it doesn't seem fair for this to be the case either.

It's been very difficult searching for a solicitor that will represent us as all have said it's not an area of law they deal with. One firm told us to look for conveyancing solicitors but, of those we've contacted, all have also said they don't deal with this kind of issue. If anybody could point us in the right direction for the type of lawyer to look for, it would be very much appreciated!

[luxardo]

Normally the charge will be removed after 12 years automatically if no enforcement action is taken during that period
However it would depend on the precise wording of the order granted and whether the order applied to the entire property or just the proportion your father owns. eg 50%.
The fact a judge granted the house to your mother is irrelevant as far as charges are concerned
On the face of it this looks a simple case but the fact several professional lawyers have refused to get involved suggests there is more to it.
AlI can say with certainty is :-
Section 20 of the Limitation Act 1980 prevents the commencement of any action to recover money secured by a mortgage or other charge on a property after 12 years have elapsed following the date on which the right to receive the money accrued.

[nostos7]

Normally the charge will be removed after 12 years automatically if no enforcement action is taken during that period
However it would depend on the precise wording of the order granted and whether the order applied to the entire property or just the proportion your father owns. eg 50%.
The fact a judge granted the house to your mother is irrelevant as far as charges are concerned
On the face of it this looks a simple case but the fact several professional lawyers have refused to get involved suggests there is more to it.
AlI can say with certainty is :-
Section 20 of the Limitation Act 1980 prevents the commencement of any action to recover money secured by a mortgage or other charge on a property after 12 years have elapsed following the date on which the right to receive the money accrued.

Hi, sorry! This is the original poster (I've just created an account).

I think part of the problem is that it's been hard for my mum to get the firm who made the charge to talk to her, as they always say it just concerns my father so we don't know all of the details of the matter. Everytime I've tried to contact solicitors, it's always been by just calling up their main office line and asking the receptionist, who then asks the relevant lawyer, if it's an area of law they deal with. So far I've been told that it doesn't fall into family law because the divorce and financial settlement (the house being transferred into my mother's name) has already occurred, it's definitely not criminal law because the charge is, in a way, dealt with separately to the crimes, and that it might be conveyancy law. But everytime I've contacted conveyancy solicitors, most of them say they only deal with buying/selling/remortgaging a property and not the type of case I'm describing. So I think I'm talking to the wrong solicitors, but don't know where else to search.

[luxardo]

I think your best bet is to wait the 12 years and apply to have the charge removed. Any action you take now is liable to incur very expensive legal bills.

[Logy]

As I understand it, the charge will not expire after 12 years as the creditor has the right to collect on the charge indefinitely once it is in place. The Limitations Act 1980 would only prevent the charge being put in place after a period of 12 years has elapsed. If anyone knows differently please can they advise if there is any evidence of someone getting an unpaid charge removed after 12 years and how to make the application?

[luxardo]

Section 20 of the Limitation Act 1980
No action shall be brought to recover—
(a)any principal sum of money secured by a mortgage or other charge on property (whether real or personal); or

(b)proceeds of the sale of land;

after the expiration of twelve years from the date on which the right to receive the money accrued.

Which effectively makes the order null and void*so there is no need to apply to have it removed.