Waiver - Legal Charge/mortgage

[CYNthesys]

If there is no occupants disclaimer in a legal charge or mortgage does that mean that authorised occupants who have a beneficial interest in the property cannot be evicted.

http://www.fridaysmove.com/conveyanc...ver-form/13333

[des8]

Re: Waiver - Legal Charge/mortgage

IMO yes..... But 1)has the beneficial interest been registered with Land Registry?
2)what is meant by "authorised"? (by court or just permission of owner?)

Both of these conditions can be challenged by the mortgagor in the courts and eviction proceed if mortgagor is successful.

More accurate advice could probably be obtained from Shelter.

[CYNthesys]

Re: Waiver - Legal Charge/mortgage

Thanks Des, I assume you mean mortgagee, not mortgagor.
It was just a thought in relation to the contents of a LB member's Legal Charge thread

[des8]

Re: Waiver - Legal Charge/mortgage

Sorry ... got the terms round the wrong way.
Only excuses are 1)age:tinysmile_cry_t:
2) too early in morning for me
3) rushing before going out as being chased by OH to get a move on :ballchain: