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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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My mother lives with my sister in Essex. My mum has loaned

Customer Question

My mother lives with my sister in Essex. My mum has loaned money to my sister to pay off her mortgage on the understanding that the amount will be repaid on the occurrence of one of the following:
Mum's death
My sister's death
The sale of the property
My mum ceasing to live with my sister
On the demand of my mum or her Power of Attorney (in the event that the money is needed for medical treatment)

The house is owned jointly by my sister and her husband.

I have advised my mum to get a loan agreement written and signed and I was thinking that she should also get a charge put on my sister's house. Whilst all is amicable now, if e.g. my sister were to die and my mum came to live with me, what recourse would I have to get my brother in law to sell the house and repay the money ?

Basically what is the best way to safeguard my mum's money and get it back
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.

Would sister consent to a charge?

This is a quick and easy way to resolve it and would only cost £50.
Customer: replied 3 years ago.

Yes my sister would agree to charge. Would her husband have to sign aswell ? If there was a charge could they be forced to sell? or would it just ensure that the money was paid back when they did sell ?

Expert:  UK-Justice replied 3 years ago.
The charge would need to be signed by all parties named at the and registry.

The charge sits until they sell, in which case you get the £, or in the event of a default on the loan when you could apply to the court to enforce it

The charge sits until one of those things happen

I hope this helps.



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Customer: replied 3 years ago.

Do I need to go to a solicitor to create the charge or can I download forms to do it myself ?

Expert:  UK-Justice replied 3 years ago.
Yourself.

Form rx1,and read practice guide 19




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Customer: replied 3 years ago.

Where do I get rx1 and practice guide?


 

Expert:  UK-Justice replied 3 years ago.
Here

http://www.landregistry.gov.uk/professional/guides/practice-guide-19

And


http://www.landregistry.gov.uk/_media/downloads/forms/RX1.pdf


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Customer: replied 3 years ago.

Apologies for not get back to you. i was trying to download the forms but my computer doesnt like them. I will try a friends computer.


 


can i get back to you if i need help with the form ?


 


should i rate your service now or wait until i download the form ?

Expert:  UK-Justice replied 3 years ago.
Yes

In the meantime I would be grateful if you rated as the question does not close.



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Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Again


 


I have printed off RX1 and am working my way through it.


 


Box 9 is confusing me. What exactly do I have to put in this box.

Expert:  UK-Justice replied 3 years ago.
This is where you use form of words k or n I think in the practice guide link.

Customer: replied 3 years ago.

Why is legal jargon so difficult !


CAn you explain the difference between L and N. My husband seems to think that L would be more appropriate. Our interpretation is that L requires a certificate to be signed by my mum stating that the terms of her loan have been complied with, before anyone else can register a disposition or remove her charge. Whilst N only requires a letter of consent signed by my mum.

Expert:  UK-Justice replied 3 years ago.
I was on my Ipad earlier so couldnt check.

But I am at home and can confirm its: N



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Customer: replied 3 years ago.

OK but my husband thinks it should be L. CAn you advise me of the difference

Expert:  UK-Justice replied 3 years ago.
N is the one you need.

It has to be personally signed.

L means it can be signed by others for consent...........


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