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Cautions and Equitable Charges

My Father was declared bankrupt in 1991. At the time, he had remortgaged his house and had only a few thousand worth of equity in the house. At the time, my brother (still a minor) lived in the family home. Upon Bankruptcy, The creditors added a Caution (under s53 of the Land Registration Act) and registered an interest by way of an equitable charge. He did not lose his house when made bankrupt and kept up the mortgage repayments ever since. Now 17 years on, the bankruptcy is long-discharged and the Caution is still registered (there is no stated debt amount on the Land Register) - he has built up equity in the house (but nowhere near the amount of the original debt). He is now rather elderly and lives with his wife in the same property. He is a rather private man and found the whole affair embarrassing and has avoided getting legal advice. How do Cautions like this work? If he were to sell the house for nursing fees, for example, would everything go to the person who registered the Caution. Alternatively is there some limit to the liability, for example would the debt be capped at the value of the equity/property [plus interest] at the time it was registered? Many thanks

Hello goater

Im sorry to hear about your father’s situation but due to the nature of your query im unable to advise you in depth. So the best thing for him to do is to speak to his trustee he had in the bankruptcy back in 1991. They will be able to advise you and your father on where to go from here to get this charge off the property if you can. If you have no luck in contacting the trustee or the court it was registered too. Then speak to the citizen’s advice. They will be able to put you in touch with a legal advisor who can help your father further. Your father will have to give permission to who ever you do speak to though due to data protection. Hope this helps