UK

Can You Cancel a UK CCJ After a Parent Dies?

Written by Jon Emge

Question:

Jon,

For a friend, his dad died last year and left a secured loan with a CCJ restriction on the house. The house is in a joint owner with his mum.

Is there a way of cancelling the debt as there is no money in the estate?

Phil

Answer:

Phil,

ou ask a good question, and one that can get complicated due to some legal issues; your friend may wish to speak to an estate planner or solicitor regarding this.

I have a few questions that can help me give you and your friend some advice. You can post your answers in the comments section below.

You mention that your friend’s father died with a “secured loan with a CCJ restriction on the house”.

Was the original loan secured against the property, or was a Charging Order issued out of a CCJ being issued?

Either way, the debt/loan now is secured against the property.

How much was the loan?

How long if there was one, a Charging Order placed against the property?

How much equity is there in the property?

Was your friend’s mum on the original loan that is placed against the property?

Once a Charging Order is in place, it makes an unsecured loan, secured. So that when the property is sold, that creditor gets paid out of the proceeds, if there is any equity after the first mortgage is paid off.

Do You Have a Question You'd Like Steve to Answer? Click Here.

If your friend’s mum is a joint owner and listed as such on the land registry, she is then entitled to a portion of any equity. I state a portion, as it may be argued if she contributed to the property and its equity, what portion of any equity she may be entitled to.

On the surface, if she is a half-owner, then half any equity is hers unless she can show otherwise. However, the debt can be paid out of any portion of equity your friend’s deceased father may have had. If there is equity, he does have an estate.

READ  I Have Unpaid Debts from the UK. What Can I Do?

If there is no equity in the property and no estate, then this is where it gets more complicated, and legal advice is needed.

Get back to me and we can look at this in more detail.

Regards,

Jon


Choice1 Choice2 Choice3 Big Hug!
Get Out of Debt Guy - Twitter , G+ , Facebook
If you have a credit or debt question you'd like to ask just use the online form .




About the author

Jon Emge

Jon Emge is an experienced UK debt advisor who has helped thousands and thousands of people in the UK to deal with problem debt. Jon specialises in finding good solutions for problem debt using a variety of UK specific techniques.

If you have a question you’d like to ask about how to get out of UK debt, just use the online form.

4 Comments

  • Thanks for your reply Jon.

    To answer your questions:

    As far as I’m aware, the secured loan was for a car and do not think he put it up against his house. Complicated story but the dad didn’t deal with things properly because he was an alcoholic at the time.

    There are two restrictions on the property, one in 2005 and another in 2006. Suspect he consolidated a few loans.

    The outstanding debt is in the region of £13,000.

    I think the property is worth in the region of £100,000 – 120,000, not sure. The mother is the joint owner but did not joint sign any loan against the home. Everything was his dad alone. As far as I am aware, there is nothing left in the estate.

    Hope this answers things. I do suspect a solicitor is needed.

Share a Comment / Leave a Reply

Scroll to Top
%d bloggers like this: