My late mother had dementia. She was also quite secretive so I knew nothing of this story until just prior to her death.
She owned a property and ran up large debts and was sued by the department store's legal dept. They appointed golden boys Restons who succeeded in getting a final charging order on the property in 2012 following a CCJ in 2011. She paid £67 per month until her death last year.
The property is in the process of being sold but a lifetime mortgage has to be paid off first. Unfortunately Restons are being tardy in processing relinquishing the charging order but...
The value of the debt is greater than the balance of the sale price after the mortgage has been paid off so what happens next?
Is it down to Restons whether the charging order is waived at all or can they say no sale thanks?
Can they insist that the whole debt is paid first before relinquishing?
Does the balance become unsecured debt?
Is there any come back on Restons if they refuse to give authority to relinquish the CO.
Restons' client doesn't seem to want to know and if you have tried to get in touch with Restons then you'll know it is a total nightmare!