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Securing A Loan On Property

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  • Securing A Loan On Property

    Hi

    A family member wants to buy a new home. Rather than go down the mortgage route I am looking to loan them (Interest free) the money to make the purchase.

    I want to secure this loan however and was thinking of the following.

    1. Have an agreement written to secure the money. I guess this should include
    Amount loaned
    Time and schedule of re payments
    What happens in even of non payment
    What happend for repossession


    2. Register a charge for the full amount with land registry

    I would also like to add a clause that allows me to force a sale of the property (In the event they don't agree to sell if in financial difficulty)

    I have never done this before and would like to cover all bases.

    Happy for suggestions and what my best steps would be

    Thanks




    Tags: None

  • #2
    1. Loan Agreement.

    2. Charge deed securing the loan on the property.

    3. Register the charge at Land Registry.

    A solicitor should be able to help you with this.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      We have done similar within our family's, and it worked out well

      I would just advise to detail the break periods, amounts of arrears when action will be taken automatically ( 3 months ) and actions ( property will be sold ) very clearly, so they know you will have to take action just like the bank would.

      Also, consider there marital status, and protect yourself within the terms if possible ( just in case there curcs change, lol, this was one of the terms set against me so i didnt loose it to anyone )

      detailing the terms of breaching the contract nice and clearly at the start both keeps pressure on them as family members, and makes it less awkward if there circumstances change , .
      crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

      Comment


      • #4
        Great tips from botrh Crazy council and atticus Thanks

        Comment

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