What is the Charge Deed?
This can sometimes be known as the legal charge form or a mortgage deed. This is usually a 1 or 2 page document that, once signed, provides confirmation that you’re happy to proceed based on the terms of your mortgage offer. Once completed, the signed mortgage deed becomes a legally binding document.
The documents are acceptable to the registry but must ensure the charge deed:
- is dated
- contains a Land Registry heading
- contains details of the Registered Owners names and the Borrowers names. These must correspond unless the Charge has been lodged with another registration and the borrowers names correspond with the transferees/lessees
- identifies the property accurately, refers to the relevant folio and indicates whether the property to be charged comprises all or part of the land in the folio. All too often charge deeds refer to a property by its postal address but omit the vital expression “being all the land comprised in the above mentioned folio”
- charges the property with payment to the lender of the sum to be secured
- is properly executed
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