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ajgg543

Unknown Debt and charges on a property

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Help please, really sorry if I am posting this question in the wrong place on this site, please feel free to re direct me if so...

 

I'm trying to help a very good friend of mine through a very tough time.

She has just found out that her estranged husband has been racking up horrendous debts.

Unfortunately they have not been able to finalise their divorce as the house has not sold as of yet, 

 

it's all very long winded,

he is living elsewhere but financially they at still tied.

 

The mortgage is in both names,

I believe that to find out if any debts,

HP loans etc have been taken out using the house as security she needs to get the info from land registry.

 

I tried to find what report she needs to pay for but there are all different ones,

does anyone know which one she needs to get?

 

Obviously if there are any charges on the property they have been done fraudulently she would have had to sign documents to allow this

- hence the urgency to establish what it what. 

 

Thank you so much in advance 

 

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use ONLY

https://www.gov.uk/search-property-information-land-registry

 

you can obtain a copy of your legal title (‘deeds’) online for a fee of £3 for the register and £3 for the plan associated.

There will be a further fee if there any other documents you would like.

 

not sure what you mean by fraudulent charge 

it wont be fraud, 

and if someone like a DCA has gotten a CCJ, then gone for a charge, it will only be a RESTRICTION K

which doesnt mean it must be settled upon sale.

 

see:

 

and 

 

 

 

dx

 


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Sorry what I meant about fraudulent was that if money has been borrowed without her knowledge using the house as security, as both of them are on the mortgage and the house is jointly owned they would have both had to sign an agreement for anything like that.

 

She is worried that money could have been borrowed using the house as security without her knowledge, she signature and agreement would be forged.

 

She needs to know if there is anything other than the mortgage now secured on the house. 

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can't say we haven't seen that before because we have.

but in reality and i''ll be blunt.

if forging her sig was the case, theres not really an awful lot she could do.

 


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That's not good...surely falsifying signatures on documents is a crime??

That aside the first thing she needs to do is find out if there is anything other than the mortgage using the house as securing, could you just confirm it is only the items in your first reply that can show this? Thanks for your help so far.

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Credit record showing anything with financial relationship ?

 

Wonder whether  your friend can add notes  to land registry regarding relationship status to warn potential lenders. 


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credit file will show joint stuff if he had used her sig too forgot that.


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dx100uk, thanks - credit file, is that via land registry too?

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no any of the online providers

clearscore

noddle

experian

Equifax.

 

though ofcourse the file wont show if its a secured loan

but will certainly show any credit he jointly opened

 

dx

 


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now what counts for cahrges on the property will vary according to how the property is owned, jointy or as tenants in common.

The former usually has the ownership 50/50 so any debt he racks up will only count against his half but with tenency in common it is owned mutually so when one person pops their clogs it automatically goes to the other but that also menas any debt are held on the property as a whole not just on the interest of the person racking them up.

 

Forgery and fraud regarding signatures is somehting covered by several bits of case law and despite the nefarious intent by one of the parties the lenders money is protected. To make matters worse, someone can cretae a completely false interest in the property and the lender still gains the rights over the house despite no interest by the villain. It is a reason to occasionally keep an eye on the land registry entry if you have sudddenly received post for someone you havent heard of at your address

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2 hours ago, ericsbrother said:

now what counts for cahrges on the property will vary according to how the property is owned, jointy or as tenants in common.

The former usually has the ownership 50/50 so any debt he racks up will only count against his half but with tenency in common it is owned mutually so when one person pops their clogs it automatically goes to the other but that also menas any debt are held on the property as a whole not just on the interest of the person racking them up.

 


charges at the land registry are held against the legal interest, not the beneficial interest.

The legal interest is always held jointly, rather than tenancy in common, if not held by a single individual.

 

It is only for the beneficial interest (thus not relevant to Land Registry / charges) that the interest can be held either jointly or as tenants in common.

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2 hours ago, ericsbrother said:

To make matters worse, someone can cretae a completely false interest in the property and the lender still gains the rights over the house despite no interest by the villain. It is a reason to occasionally keep an eye on the land registry entry if you have sudddenly received post for someone you havent heard of at your address


The Land Registry offers a free e-mail alert service to help protect against such.

 

https://propertyalert.landregistry.gov.uk/

 

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