Relinquishing Ownership

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    I have been pondering over this for a very long time and I’m not really sure whether I should pay:
    Claimant owned their property
    1.Mortgage is in joint names and they are aged 55 and 57, in receipt of I/S and of poor health (recovering from leukiema and one has had a heart condition over the years)
    2.The property is made of concrete construction and is not considered to be of a high value compared to typical 2 bed roomed terraced property in the area however would have sold for around £65,000.00
    3. Current outstanding mortgage on the property is roughly £13,000.00 occassionally there have been arrears but never anything for the mortgage lender to write to them about and some months made the monthly repayment of £190.00 and paid off some of the arrears.
    4. The property has a charging order placed upon the property for roughly £22,000.00 however this is currently being repaid at £50.00 per month and is only in one of the joint names on the mortgage.

    The property was sold because they owed their son £15,000.00 and they could no longer live with the stress of the charging order. The property was sold to the son for £45,000.00 which paid off the mortgage, paid back the son and settled with the company who placed the charing order on the property for £9,000.00. He now rents the property to his parents for £450.00 every four weeks.

    Would you consider repaying the loan to the son as a practical/ legal compulsion to relinquish ownership?


    Must have been a great comfort to them, going from payments of £240 per month to £450 every 4 weeks, much less stressful!

    I’d want to see evidence of rent payments, in fact a visit to establish whether it’s commercial would be sensible. Even whether it’s contrived!!



    What evidence is there that they were suffering from stress caused by the charging order? Had they seen their GP about their stress? Do you have medical evidence? If they have simply said ‘we were stressed out by the charging order and decided to sell’ without any evidence to back it up I don’t think I would be inclined to pay.

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