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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I am thinking of letting my son borrow an amount of money from

Resolved Question:

I am thinking of letting my son borrow an amount of money from me to purchase a property currently owned by my ex wife (his mother ) the amount represents over half of the asking price the reminder he will borrow from his mother who will keep the deeds of the property what do i do to ensure that the money borrowed from me isn't just "lost" do i need to have something drawn up by either a solicitor or a commissioner of oaths ?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

You would presumably want a legal charge over the property.

Customer:

yes

tdlawyer :

Okay, then the best thing to do is to get a solicitor to draw this up, so as to make sure you're property protected given the potentially large sums involved. If there is an existing mortgage on the property then the existing lender's consent is likely to be required to put this next charge over the property.

Customer:

there is no mortgage on the property is going to a solicitor the only legal way ?

tdlawyer :

Okay. You could do it yourself, using a standard form charge, such as this: http://www.landregistry.gov.uk/_media/downloads/forms/CH1.pdf

tdlawyer :

Anybody can do any legal work themselves, but it's all about making sure you get it right, and if it goes wrong, you have a professional indemnity policy to claim against.

tdlawyer :

Obviously, you don't have that protection if you do this yourself.

tdlawyer :

The cost would only be about something like £300 plus VAT. Personally, I would take the view it's a small sum for peace of mind, just in case ...!

tdlawyer :

But you're right, you don't have to use a solicitor.

Customer:

know where your coming from seems the logical solution and as you say a small price to pay for the piece of mind...thanks

tdlawyer :

Thank you. XXXXX ask whether you're happy with my service today please?

Customer:

i'm happy i did give it some thought to ask for a free consultation (from a solicitor ) but you've answered the question i /my son wanted to "do the thing with the minimum of fuse/cost and paper work but as you point out....... its a small price to pay for piece of mind ..thank you again

tdlawyer :

Thank you!

tdlawyer :

Have yourself a great week.

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