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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9678
Experience:  I have been practising for 30 years.
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There is a registered charge on a property.The registered

Customer Question

there is a registered charge on a property.The registered charge refers to an agreement ( NOT a trust deed) in which the owner of the property borrowed money to the person named on the charge.Is the charge valid ? A copy of an agreement
signed by both parties does not exist.There is just a letter of intent signed by the owner of the property
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
I can wait.My question is clear, and it needs a solicitor with good knowledge in property law, especially about charges on properties and associated trust deeds or agreements that are stated on the CH1 form
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.
excellent.I await the answers to my question
Expert:  F E Smith replied 1 year ago.
Can I ask you some questions please?How long has this charge been registered against the property?Do you know who registered it?Do you mean that the owner of the property which the charges registered against borrowed money from someone else and someone else’s name on the charge?Is there any dispute that this money is owed?Did the owner of the property sign the CH1?Why do you think a trust deed may or may not be relevant?What exactly is it you want to know about this?
Customer: replied 1 year ago.
the charge was placed on the property on the 28.4.2011
the charge was registered by the solicitor acting on behalf of the owner of the property
the owner of the property borrowed money from me.My name is ***** ***** charge ( the charge is registered in my favour)
there is no dispute about the money that is owed but whether the charge is valid in law
the owner of the property signed the CH1 and had it witnessed
the question: why do I think a trust deed may or may not be valid?
- the solicitor sent in the trust deed and the CH1 form to the Land registry on the same date.On that date
the Trust deed had the witness signature of the of the person making the deed ( i.e. the owner of the property).
- i did not sign trust deed until a couple of days after the charge was registered on the land.My signature was
witnessed
- the owner of the property was aware that i had signed the trust deed, but he may claim he never saw it
- about 2 years ago i sent in a copy of the Trust deed ( signed and witnessed by both parties to the Land Registry) just for good measure, and they have acknowledged receipt of it.What exactly do I need to know: ( as I want to be absolutely sure the charge is 100% valid in law):
1) does a trust deed mentioned in the CH1 form need to be signed by both parties when the deed relates to monnies
borrowed by the owner of the property ?
2) is it CRITICAL whether the trust deed signed by myself ( the person who provided lent the money and to whom the charge is in favour) actually signed it and had my signature witnessed A FEW DAYS AFTER THE CHARGE WAS REGISTERED?
Expert:  F E Smith replied 1 year ago.
The information is really useful. Thank you.There doesn’t need to be a trust deed or an agreement in writing. The signature of the CH1 is sufficient to create the charge and to have it registered. It is unlikely the property owner could argue undue influence or duress because this was dealt with by a solicitor who will have confirmed that the person knew what they were doing.There is presumably some proof that the money changed hands from you to the house owner and presumably, the owner has no proof to show that the money has been repaid.The fact that a trust deed may have been executed by both of you after the charge was registered does not mean that it is not perfectly valid and does not mean that the charge is not perfectly valid.Can I clarify anything for you?Please don’t forget to rate positivelyBest wishesFES