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Hi. Further to this story, I had a signed Legal Charge from

 

Customer Question

Hi. Further to this story, I had a signed Legal Charge from my Father in law, against his house, for the 26k he owes me. It has gone missing; I think he took it. Is it worth me getting him to signanother, given that his house has now been sold under a re-possession. I don't see that he has anything to secure the debt against. Thanks.

 

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Province/Country relating to question : uk

Already Tried:
I assume you have the history.

Submitted: 378 days and 12 hours ago.
Category: UK Bankruptcy Law
Value: £18
Status: CLOSED
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Expert:  UK-Justice replied378 days and 12 hours ago.

Thanks for your question. Please remember to click ACCEPT once you get my answer.

So it was never signed or never registered?

Customer replied377 days and 8 hours ago.

Hi. It was signed and witnessed, but not registered.

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Expert:  UK-Justice replied377 days and 7 hours ago.

You need to have a copy to register at the land registry,

Without the confirmation from the land registry it will not be binding and your debt not secure.

Yes you need him to sign another ASAP and register it at the land registry,

Please remember to click accept so that I am credited for my time. Thank you.

Customer replied375 days and 10 hours ago.

Hi. I take the point that it must be registered but the gist of the question is whether he can sign a legal charge now that his property has been sold under a re-possession. I assume such a signed legal charge will be worthless ?

Accepted Answer

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Expert:  UK-Justice replied375 days and 10 hours ago.

I see, if it is has already been sold then you are stuck.

The property no longer belongs to him

So yes it would be worthless unless he owns any other property.

Please remember to click accept so that I am credited for my time. Thank you.

Expert TypeBarrister
Category: UK Bankruptcy Law
Pos. Feedback: 96.4 %
Accepts: 178
Answered: 5/9/2012

Experience: Called to the Bar in 2007

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