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I have loaned my son £30,000 to start-up his business, and

 
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I have loaned my son £30,000 to start-up his business, and have agreed with my son to put a charge on his house. How would I procede from here!

 

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Submitted: 337 days and 23 hours ago.
Category: UK Property Law
Value: £22
Status: CLOSED

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Expert:  Thomas replied337 days and 23 hours ago.

Hi

Thanks for your question.

A charge can be registered against the legal title to a property if agreed by respective parties by them executing the Land Registry CH1 form and then sending it for registration to the Land Registry with LR form AP1. If you are acting without solictors then you would both also have to execute ID1 forms with a local solicitor for a charge of £10.00.

CH1 form:-
http://www.landregistry.gov.uk/_media/downloads/forms/CH1.pdf
Charges guidance:-
http://www.landregistry.gov.uk/professional/guides/practice-guide-29
LR Forms:-
http://www.landregistry.gov.uk/professional/forms

However, if you are to agree a repayment schedule and/or conditions of what should happen (eg. Interest etc) in the event of default then you should see a local solicitor to draw up a formal Charge in deed form to gve effect to this.

Your son should also check with the lender to any mortgage he has to ensure that this is acceptable to them.

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Tom

Expert TypeLawyer
Category: UK Property Law
Pos. Feedback: 98.0 %
Accepts: 1136
Answered: 7/16/2012

Experience: BA (Hons), PgDip, Practising Solicitor

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