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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3655
Experience:  Solicitors 2 years plus PQE
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Are undated legal charge documents valid

Customer Question

Are undated legal charge documents valid
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Alex J. :

Thank you for your question a welcome. My name is ***** ***** I will assist you. Is this a Deed charge? Is it a charge over land and if so has it been registered? Kind regards AJ

Customer:

It is a charge over my residence that was not dated in error. The charging solicitor intends to register it but has asked me to date it.

Alex J. :

Hi, Thank you is it a charge from a bank? Kind regards AJ

Customer:

NO IT IS TO PRIVATE INDIVIDUALS.

Alex J. :

Hi, Thank you. Sorry for the delay I have had a lack of internet access this weekend.

Alex J. :

Ultimately do you actually admit that this person should have the charge. If you don't dispute it and it is undated it becomes an equitable charge.

Alex J. :

This means it won't be binding on your other creditors and potentially puts you in breach of any obligation you have to repay this person, if the legal charge is a condition of your arrangement by which the monies are secured.

Customer:

The charge was requested after the money was lent.

Customer:

so the charge was agreed after a default but the solicitor forgot to have them dated and now wants them dated.

Alex J. :

Hi, Thank you. Unless the charge is dated and registered it is not a valid legal charge.

Alex J. :

If you are going to agree to date it, I would insist on a letter from the lender or his solicitor that states you are not responsible for any problems of priority or challenges from any other creditors arising from the failure of the lender to date and register the charge.