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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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My brother loaned some money from me.He places a charge on his propert

Customer Question

My brother loaned some money from me.He places a charge on his property (CH1 form) and mentions a trust deed on the CH1 form. Both the charge nd trust deed have the same date.
His signature is witnessed on the trust deed and he sends the trust deed with the CH1 form to the Land Registry.I signed the trust deed with my witnessed siganture a couple of days after the charge was registered.He had already verbally agreed the Trust deed, and on that basis the funds were transferred before the charge was actually registered.Is the charge valid? He acknowledged that i had signed the trust deed.
Submitted: 8 months ago.
Category: Law
Expert:  Clare replied 8 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhat is your concern about this?
Customer: replied 8 months ago.
My concern is that the charge may not be valid in law even if the charge is on the register. I wish to check that everything
is in oreder and will not be challenged at a later date by some third party or the other:
Bear in mind the owner of the land who borrowed the money from me, sent via his solicitor the complete CH1 form to the
Land Registery with the with a copy of the Trust deed which had his witnessed signature. I had already sent the funds to his solicitor ( and i have proof of the transfer) and on this basis he signed the CHI form and trust deed. The Land Registry
actually registered the charge, although it was a couple of days later that I actually had my signature witnessed when I
counter signed the Trust Deed. The question then:
1) is the charge valid ?
2) does the Trust Deed need my signature ( witness or not) ?
3) is he chronology OK ? Is the fact that i counter signed the Trust Deed after the charge was registered important.
4) we had a verbal agreement in place before he place the charge.Is this relevant or not important.I do not wish to leave anything to chance, becuase maybe at a later date I fall out with the borrower or if a third party
challenges the validity of the charge ( a person who may inherit his estate for example)
Expert:  Clare replied 8 months ago.
What is the purpose of the Trust Deed - what does it say?

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