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Selling a property with a charge placed by a son on a father's property

My father wishes to sell his house, but it has come to light that his estranged son (my estranged brother) placed a £70,000 charge in 1996 on the property unknown to my father and myself. My father knew about owing £70,000 to his son so put it in his will. However it would appear the charge and will, both £70,000 (my father did sign the charge but didn't understand, he just trusted his son) are one and the same thing, but totally different. Can my father sell the house? His solicitor says he needs his son's permission, but he won't give it, even though the son is a financially sound and doesn't need the £70,000. How do we move forward?

Asked on Mar 7 2016, Selling in Ringwood | Report content

Answers (1)

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  • Hi, If the intention is to pay the £70,000 upon sale I don’t see why not. But if not, he won’t be able to sell as that is the whole point of a charge. You definitely need to take your solicitor’s advice. Regards, Jonathan :-)

    Answered on Mar 21 2016, Report content

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