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Charge On The Deeds

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Whether someone has a mortgage or has paid in full, is it possible to arrange for a charge to go on the deeds of someone's property if they owe you a substantial sum of money? Also, how is this done, do you need a solicitor or do you have to go to court? 

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you need our resident solicitor on here to answer that hope he sees your post

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On 30/04/2022 at 19:17, poppet2 said:

Whether someone has a mortgage or has paid in full, is it possible to arrange for a charge to go on the deeds of someone's property if they owe you a substantial sum of money? Also, how is this done, do you need a solicitor or do you have to go to court? 

Yes.

Two main ways:

1. Debtor executes a mortgage deed in creditor's favour.

2. Court makes (unsecured) Order; debtor defaults; Court makes Charging Order.

Either the mortgage deed or the Charging Order needs to be protected by registration at HMLR.

Edited by Jeffrey Shaw

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