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My sons house has been repossessed. I leant him 26k as a

deposit to purchase it. No...
My sons house has been repossessed. I leant him 26k as a deposit to purchase it. No formal paperwork. 19k is being held by solicitors to settle outstanding debts and charges. Can I put in a formal claim for this money as if I have a second charge?
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Answered in 1 hour by:
9/10/2017
Clare
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 34,589
Experience: 25 years exeperience
Verified

Thank you for your question

My name is ***** ***** I shall do my bets to help you although the news is not good

Sadly you cannot claim as if you had a second charge since you did not have one - a Registered Charge would have given you the next claim - but in its absence your debt falls to be considered with all the other unsecured debts.

Once the outstanding mortgage has been settled and all legal costs and costs of repossession and sale have been deducted then the remainder has to be sent to the holder of any subsequent registered charge - or returned to your son

I am sorry not to give better news - please ask if you need further details

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Customer reply replied 3 months ago
The money has been held by solicitors for eleven months now, is this time limited at all?

That is very odd - what have they actually said so far?

Clare
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 34,589
Experience: 25 years exeperience
Verified
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