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Next Steps Please Advise Charging Order on Deceased Property (Should I Stay or Go)

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  • Next Steps Please Advise Charging Order on Deceased Property (Should I Stay or Go)

    Hi,

    After some advice as I contemplate next steps.

    My late mum had 2 charging orders placed on her property which is still under mortgage however, I wish to come to some agreement with the DCA agency who has since acquired the debt from MBNA to see if they may be willing to accept a FFS. Do you think that this may be an option?

    The debt was sold in 2012 to the DCA during which time my mum fell ill (the same week as the diagnosis apparently MBNA sold on the debt) and in the same year my mum passed. No NOA was ever received to advise of re-assignment.

    Given that it's not my debt persay what do you think my chances are that they'll agree. It's worth noting that the house is nearly insolvent so, it's not really in my interest to resolve the matter but, for sentimental reasons I'd like to keep hold of it.

    If not, I may as well hand back the keys to the property to the mortgage company and no one wins as the mortgage is in huge arrears and if sold on the open market it's unlikely that the bank will even break even never mind there being enough money to pay off any subsequent secured charges/ debts owed.

    Unsure of the best way to approach or, whether I need to speak to someone and if so, who? My mum had no family so, it's just me myself and I on this.

    Or, am I best just handing back the keys as it's feeling like that may be the only solution and not offer anything to anyone.

    I'd welcome any advice on how best to proceed.

    FYI - The CO is registered as an Equitable Charge by an interim CO back in 2005

    Thanks in advance
    Tags: None

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