Interim charging order

[Annajgoulden]

My father passed away dec 2015. In March 2016 IDR finance put an interim charging order on my fathers property. There is currently a mortgage on this property in my fathers name and me and my husband are looking to get a mortgage to pay existing mortgage off and transfer property into our names. What happens with the interim charging order? Does this transfer into our names or does it have to be paid off before we can transfer into our names? Also the charge was put on 3 months after my fathers death, we never received any correspondence off them and didn’t give us an opportunity to sort out as part of probate. Any advice would be so helpful.

[atticus]

When did you know of the charging order? What correspondence was there at the time, presumably addressed to your father?

In practical terms, I think that the debt secured by this charging order will need to be paid.

There may be some argument as to whether the charging order should have been made, but then the debt will have been payable out of your father's estate.