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Land Registry Legal Charge forms

Ed-1
Ed-1 Posts: 3,949 Forumite
Part of the Furniture 1,000 Posts Name Dropper
edited 7 December 2019 at 5:48PM in House buying, renting & selling
This article states the following:
The legal charge itself will normally set out the amount borrowed, the terms on which it has been borrowed and the means by which the lender can enforce their rights against the property.

My questions are:
  • does the amount secured and the terms on which the amount secured is repayable (e.g. interest repayable) go in panel 9 of the Land Registry form CH1?
    image.jpg
  • if I want to specify a maximum amount secured by the charge on form CH3, can this be variable (e.g. the property value from time to time), rather than a fixed sum?
    image.jpg

Comments

  • da_rule
    da_rule Posts: 3,618 Forumite
    Sixth Anniversary 1,000 Posts
    edited 8 December 2019 at 12:54AM
    Question 1 - No. The terms of the charge will be in the separate loan agreement. This can also specify the maximum amount that can be advanced etc. There is no need to lodge the actual loan document with the Land Registry. In box 9 you can just put something along the lines of “monies advanced in accordance with the loan agreement between [party 1] and [party 2] dated [agreement date]”.

    Question 2 - No, it has to be a set amount. You do not need to use this form if your charge will be the only one secured on the property. The maximum loan amount should be specified in the underlying loan agreement.

    If the loan requires further advances to be made then a CH2 may be required.
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