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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7473
Experience:  UK solicitor holding an England and Wales practising Certificate.
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Need to register a second mortgage (lien) on a residential

Customer Question

Need to register a second mortgage (lien) on a residential property in London. What to I need to do to make this official. Is there a form to file with Land Registry office??
Submitted: 3 months ago.
Category: Property Law
Expert:  Thomas replied 3 months ago.

Hi,

Normally, this would be for the creditor to register. Is there are reason why you are doing it rather than them? Are they a professional lender?

Is there a loan to which the debt relates? Is this secured by a formal written legal charge?

Tom

Customer: replied 3 months ago.
As I said there is a private debt obligation that needs to be secured via a second mortgage on a residential property in England. What is the process to register the lien ? How do I ensure the legal charge is official..where does one do this???
Expert:  Thomas replied 3 months ago.

Hi

Thanks for your question. I will try to help.

The quickest thing to do would be to instruct a solicitor to prepare the legal charge and application to land registry to register the charge securing the monies owed.

If you were minded to attempt to do it yourself, the Land Registry has a CH1 form which you can attempt to complete yourself to reflect the monies owed.

If there is currently a mortgage already on the property then you would have to contact the lender to see if there consent is required to register the second charge at land registry. If it is required (as is likely) then you would have to obtain their Consent To Second Charge in order to now register the new second charge.

Then you would have to execute CH1 and the make an application to land Registry to register it by submitting their Form AP1, together with the legal charge, consent to second charge and also an ID1 for you and probably an ID2 for the lender.

The ID1/ID2 are identification forms require by land registry to verify the identity of private persons making applications who are not conveyancers and you would have to attend a local solicitor with your ID1 form for 10 minutes in order to get them to confirm your identity on the ID1 form.

The charge would then likely be registered against the property and land registry would send you an updated title register for your property reflecting this.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Expert:  Thomas replied 3 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Expert:  Thomas replied 3 months ago.
Hi Is there any further information you require? I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page. Kind regards, Tom

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