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 Thomas Your Own Question
Thomas , Lawyer
Category: UK Property Law
Satisfied Customers: 7372
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

I wish to lend my parents (in their 70s) a reasonably large

Customer Question

I wish to lend my parents (in their 70s) a reasonably large (200kgbp) bridging loan for 6-12 months to enable them to buy a new house as cash buyers and without pressure to sell their current home. As they both have health problems, I am particularly concerned not for my loan to get caught up in any form of estate in the event one or both should die. I will of course implement a simple loan document. Is there any advantage in having them sign a mortgage deed (probably most simply on their current unemcumbered property) and does that need to be registered immediately or can it be kept in a drawer "just in case". If the deed is put in place should I take the title deeds as a bank lender would? They and the properties are in the UK, I am a Swiss resident but UK domiciled.
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Thanks for your patience.

Yes, there’s quite a big advantage. If you have a correctly drafted charge which secure the bridging loan then it makes enforcing the loan a lot easier.

It means that in the event that you choose to enforce the loan and recover your money (because of death and an otherwise insolvent estate) then you could simply skip to selling the property.

If you only have a loan agreement then you would have to deal with the executors of the estate as to repayment and if this was breached you would then have to get judgement on the default of loan at county. Once you have this you would still have to apply for an interim charging order and then apply again for a final charging order after that. A lot of legwork. A lot of time.

You should attend a solicitor to view the loan and draft a charge. It is for you to decide when you want to register the charge but technically they would be able to transfer the title for the property or remortgage without reference to you until the charge is registered on the title and a restriction entered (which then prevents this).

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7372
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 3 years ago.
Thanks that is very useful. I am in fact their executor, but would rather not have the potential conflict of interest. I very much doubt they would seek to remortgage the property and will struggle to so do if I have the title deeds anyway.
Expert:  Thomas replied 3 years ago.

Yes, being executor would probably cause a conflict of interest.

There are no such things as "deeds" these days, this refers to the old unregistered form of holding a property's legal title.

The property will be registered at the Land Registry with a registered title. The charge would be registered against it as a Restriction which prevents mortgaging and selling. This is how you should protect yourself.

Thanks for rating my answer.


JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • 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 Leeds, UK
< Previous | Next >
  • 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 Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • 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 Los Angeles, CA
  • 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 Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC

Meet The Experts:

  • Aston Lawyer

    Aston Lawyer

    Property Solicitor

    Satisfied Customers:

    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
< Last | Next >
  • Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Property Solicitor

    Satisfied Customers:

    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • Thomas's Avatar



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor
  • Clare's Avatar



    Satisfied Customers:

    25 years exeperience
  • INC's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • Alex J.'s Avatar

    Alex J.


    Satisfied Customers:

    LPC, 2 Years Conveyancing
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Matt J's Avatar

    Matt J


    Satisfied Customers: