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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I bought a property a few years back with a mortgage and recently

Resolved Question:

I bought a property a few years back with a mortgage and recently found out while trying to apply for a secured loan that the first charge hadn't been registered. I want to know
1) If it is my responsibility to inform the first charge holder about this
2) Can I secure a loan on the property without the consent of the first charge holder
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

You have no legal duty to inform the first charge holder about the fact that they charge has not been registered, although perhaps a moral obligation to do so.

Yes you can do so as the lender will not know about the unregistered charge if not registered and your lender's charge will take priority over the unregistered charge if your lender's charge is registered first.

Hope this helps
Customer: replied 3 years ago.

Thanks. Do I have to inform the new lender about the other lender?

Expert:  UKSolicitorJA replied 3 years ago.
No, unless you are asked specifically.

All the best. Please remember to rate the service.
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