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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Please can you help. I borrowed money from my son in law and

Customer Question

Please can you help. I borrowed money from my son in law and he has put a charge on my property deeds so he will get his money back when the property is sold plus interest. Can u tell me if this is legal for him to have done that. Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

I assume you consented please?

JACUSTOMER-1955eya0- : Yes I did sign the charge document without reading it as it was my daughter
Alex Watts :

In that case then yes, this is legal.

Alex Watts :

There are a number of ways of getting a charge on a property.

Alex Watts :

This is one

Alex Watts :

Another is by registering a restriction on the property.

Alex Watts :

All this does is secure the debt as being secure, so makes sure the lender gets their money

Alex Watts :

But it is legal

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-1955eya0- : Ok but other things we're put on the charge that I wasn't aware of and they will make a lot of money in interest plus I cannot sell without my son in laws signature. I am trying to get this overturned
Alex Watts :

Do you have any form of contract between you for the money?

JACUSTOMER-1955eya0- : Yes on the form Ch1 legal charge that is what I signed
Alex Watts :

Ok - but any contract as to the terms?

Alex Watts :

What was agreed?

JACUSTOMER-1955eya0- : Yes the terms are stated on the charge sheet eg. When the property is sold he gets the interest depending on the value of property so if the property goes up by 50 per cent he gets 50 percent of the money he loaned as interest. Sorry it is complicated
Alex Watts :

I see.

Alex Watts :

So its related to the sale price.

Alex Watts :

Why did you sign it if you did not agree to it please?

JACUSTOMER-1955eya0- : Yes
Alex Watts :

Ok - when was this?

JACUSTOMER-1955eya0- : It was a year ago. What my daughter was telling me isn't the same as I signed. I have been trying all this time to get them to change it.
Alex Watts :

So you are saying the document you signed does not reflect what you think you signed? Did you retain a copy?

JACUSTOMER-1955eya0- : Yes I have a copy of charge with me
Alex Watts :

Ok - and is that different to the one you said you signed?

JACUSTOMER-1955eya0- : I only signed land registry form which is CH1. It is very ambiguous and different to what daughter told me and I had no legal representation when I signed it
Alex Watts :

Yes I see. You now wish to contest it. Did anyone else witness the conversation?

JACUSTOMER-1955eya0- : Well we went to a solicitor who I thought was acting for me but was really acting for my daughter but this solicitor did warn me of what they had done
Alex Watts :

So the Solicitor warned you and you still signed it?

JACUSTOMER-1955eya0- : No after I signed it a few weeks later solicitor warned me and said I should pay them off or try and get them to change it
Alex Watts :

The same Solicitor?

JACUSTOMER-1955eya0- : Yes
Alex Watts :

Why did you go back and see the same Solicitor afterwards?

JACUSTOMER-1955eya0- : I asked for copy of it as I never had copy and then she warned me.
Alex Watts :

Ok - when did you go and see the Solicitor?

JACUSTOMER-1955eya0- : It was about 3 weeks after I signed
Alex Watts :

Ok - and that would be 11 months ago?

JACUSTOMER-1955eya0- : Yes that's correct
Alex Watts :

May I ask why you have now waited so long before deciding to do anything?

JACUSTOMER-1955eya0- : I have been trying all sources since them to get some sort of legal help. I am on pension credit and haven't the money for solicitors and am now thinking of selling my flat to pay them off
Alex Watts :

I see.

Alex Watts :

Sadly if you want to dispute it you could try going to the Land Registry. But they are likely to say that you agreed to the charge.

Alex Watts :

This means your only option would be to go to Court.

Alex Watts :

If it went to Court you would need to show that the document was materially different to the one that you thought you were signing

Alex Watts :

Sadly you would probably not get legal aid because of the changes

Alex Watts :

This means you would either need a Solicitor or would have to do it yourself.

JACUSTOMER-1955eya0- : Yes I know but I just wanted to know if it was legal what he had done. I am trying to look at all avenues
Alex Watts :

If you lose then you run the risk that if you lost you would have to pay their costs.

Alex Watts :

Generally it would be if you had agreed the terms

Alex Watts :

The fact the terms were different is something you could argue

Alex Watts :

But you would need to show the Judge that you did not read them or understand them

Alex Watts :

A Judge is then likely to ask, why did you sign it in that case or not get your own advice.

Alex Watts :

There are problems but it is something you could pursue, but likely through Court

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please>

JACUSTOMER-1955eya0- : Thank you very much you have been very helpful
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Alex Watts :

Please remember to leave feedback before you go today

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