Crosswords1 min ago
Legal Charge
8 Answers
If I lend my daughter the money to buy her house how do I get a legal charge on the property? I didn't get one when she bought it. now it's 2 years later and she is ignoring my requests for her to sign the charge drafted by my solicitor.
Answers
Did you transfer the money to her to transfer in or direct to the solicitors? If the latter then the solicitors should have queried a transfer in from a third party so there may have been a note then. Difficult to get hold of if you don't have a copy of anything and your daughter isn't playing ball though.
What does the note say? Any terms and conditions of...
19:36 Mon 24th Oct 2011
Oh dear. I just got her to sign a note to acknowledge the amount I gave her and promising to repay it.
She signed that & I got a bank statement to show the transfer out of my account.
She won't sign a Loan Agreement the solicitor drafted.
We haven't fallen out. I think her husband may be influencing her but no idea.
Maybe I should say I will start a debt action against her - wanted to avoid that if I can. I just need to register a legal charge but all I have is that one paragraph signed note!
She signed that & I got a bank statement to show the transfer out of my account.
She won't sign a Loan Agreement the solicitor drafted.
We haven't fallen out. I think her husband may be influencing her but no idea.
Maybe I should say I will start a debt action against her - wanted to avoid that if I can. I just need to register a legal charge but all I have is that one paragraph signed note!
We really need Jenna1978 (one of AB's solicitors) or Barmaid (a barrister) here but, to the best of my knowledge (and using a 'common sense approach' to the law) there is no way that you get a charge placed on someone's property without either their consent or a court order.
Further, a charging order from a court is only available as a method of enforcement AFTER the property owner has defaulted on a previous court order for repayment of a debt.
Chris
Further, a charging order from a court is only available as a method of enforcement AFTER the property owner has defaulted on a previous court order for repayment of a debt.
Chris
Did you transfer the money to her to transfer in or direct to the solicitors? If the latter then the solicitors should have queried a transfer in from a third party so there may have been a note then. Difficult to get hold of if you don't have a copy of anything and your daughter isn't playing ball though.
What does the note say? Any terms and conditions of paying it back?
You could go for a charging order and get it registered - do you think it might encourage her to sign up to a reasonable loan agreement with a charge registered on the title if threated with this?
If you can get anything registered on the title, try and get a restriction which requires your consent (not just that you are notified) of any sale, further charge etc...
What does the note say? Any terms and conditions of paying it back?
You could go for a charging order and get it registered - do you think it might encourage her to sign up to a reasonable loan agreement with a charge registered on the title if threated with this?
If you can get anything registered on the title, try and get a restriction which requires your consent (not just that you are notified) of any sale, further charge etc...