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