charges on property

[averybertha]

i was wondering if someone can help me my father recently passed away he never left a will my mum is still alive.. they owned their house it is in dad name. on the property there is a charge which was made in the late 80s by the bank. the bank has never looked for the debt even though i contacted them for the deeds 2 years ago cause dad said the bank had the deeds but the bank said they have no record of ever having the deeds.I applied for a copy of the deeds and on it the bank is shown to have put a charge onthe property in 1986. I was wondering how dose that leave my mother.

[Golden Shred]

Well, firstly deeds have long since been done away with and it is what is on the Register at the Land Registry that counts now. One way to check this is to click http://www.landregisteronline.gov.uk/ and follow the instructions (you only need look at the Register). Secondly, what used to be called a charge is now called a restriction but the effect is the same, it stops the property from being sold until, in your case, the debt to the bank has been paid. So, if the restriction is on the Register your mother (if she is now the owner of the property) cannot sell until arrangements to pay off the bank are made, and if it is not on the Register nothing is owed and all is clear.