1. At the outset, the fact that the mortgage is not registered on the Folio does not affect the legality of the document which evidences the loan agreement. However, you should have registered the mortgage as a burden on the Folio in the Land Registry. In this way, any purchaser will then know there is a mortgage to be discharged before they get good title and the purchaser will ensure that your loan is paid off before they hand over all the monies to your son or daughter in law if they are selling. So, at this juncture, you should seek to register the loan as a burden on the Folio in the Land Registry. There is a double need to do this if it is solely your daughter in law who is living in the house on her own. In that situation a purchaser will believe that only your daughter in law and your son need to be paid. So, the sooner you register a burden on the Folio the better.
2. Be aware that you will need the assent of both your son and your daughter in law to register your loan as a burden on the Folio in the Land Registry. However, if this assent is not forthcoming from one of them, then you can go to the Land Registry with the loan document and get it registered as a burden on the Folio. I would also suggest you get a solicitor to help you with . the Land Registry if the assent to registration is not forthcoming from either your son or your daughter in law, as a little experience in dealing with these matters is vital in order to do it properly.
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