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Charging Order and orders for sale


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Hello everyone, I hope some one can give me some help. I have a friend who has just lost her brother to illness at a premature age of 50. As the death was sudden there needs to be an inquest and no date has yet been set.Having gone through the deceased personal papers I have discovered that he had got himself into a financial mess in the past and have just come across a letter, dated just before he died,from a Solicitor firm saying that they intend to apply for on "Order for Sale" due to missed payments of the agreed amount.

 

After further investigation it would appear he had accumulated a credit card debt( this is not the only debt however) with a well known international bank who issued a ccj. A charging order nisi was applied for and following a hearing at the Court a charging order absolute was registered. The total debt is under £5,000. He was single , no children and owned his house with a mortgage although the house is run down now.

 

The property has a reasonable amount of equity and with some improvements would sell for substantially more which the family would prefer to carry out.

 

My concerns are this.

 

1.If we notify the Solicitor firm acting for the creditor, is there a chance they will be able to force the sale in the current state at a lower than market rate.

 

2. Due to the sudden death and no date for the inquest, the family are in limbo as they cannot obtain the grant of probate/letters of administration. They would therfore not be able to market the property much less carry out necessary repairs getting the property ready for marketing.

 

3.Would it be possible to pay the outstanding arrears direct by cheque as the deceased accounts are now frozen and would this be a better option.

 

4. Is it possible for a creditor to apply for an "Order for Sale" if the debtor is deceased.

 

At this time we do not know of any other creditors who have appied for a chaging order or if the deceased has any other assets. He was in receipt of benefits for a long time and did not keep any of his affairs in order.

 

I would appreciate any suggestions

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Hello and Welcome,

 

I'll move this thread to the Legal Issues Forum, hopefully you'll get some help in there.

 

Regards.

 

Scott.

 
 

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