How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask F E Smith Your Own Question

F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8537
Experience:  I have been practising for 30 years.
18203470
Type Your Law Question Here...
F E Smith is online now

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: 8 months ago.
Category: Law
Expert:  Nicola-mod replied 8 months 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 8 months 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 8 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 8 months ago.
excellent.I await the answers to my question
Expert:  F E Smith replied 8 months 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 8 months 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 8 months 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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice