Signatures on a legal charge

[Whicker]

Hi. A 'Legal Charge' document between the property owner and a finance house has been signed only by the owner. It was 'witnessed' by a rep of the finance house. But nowhere is it signed 'on behalf' etc of the finance house. Is the document actually legal? Don't both sides need to sign to constitute a 'legal document'? A basic question, but I cannot find an answer.

[des8]

Hi and welcome

No , the legal Charge does not require signing by the lender, contrary to what is advised on some debt avoidance websites.
The relevant statutory provision for a mortgage, section 53 of the Law of Property Act 1925, does not require every term to be included in a document signed by both parties; rather the document just needs to be signed by "the person creating or disposing of the interest"

[Whicker]

Hi and welcome

No , the legal Charge does not require signing by the lender, contrary to what is advised on some debt avoidance websites.
The relevant statutory provision for a mortgage, section 53 of the Law of Property Act 1925, does not require every term to be included in a document signed by both parties; rather the document just needs to be signed by "the person creating or disposing of the interest"

Thanks for that. A number of documents in this same saga have been 'witnessed' by the company sales rep. My understanding of a witness is that they must know the person signing (the rep did not) and that the witness must have no financial interest in the document (obviously the rep did - commission). Does that make documents invalid, or just slip-shod? This whole saga revolves around documents being signed which were never shown, previewed, explained - just 'sign here'. I think a strong case of mis-representation, duplicity, complete lack of transparency etc. Not my case - trying to help a third party.

[des8]

Generally, the person chosen to witness a document should have no financial or other interest in an agreement. A neutral third party is the best choice. A neutral third party is someone not related to either party and who does not benefit from the document. A witness should be traceable however (so generally have to supply their current address) but does not have to read the document although must be present when it is signed.
Note that most documents and contracts do NOT require a witness for them to be legally valid., and often don't even need signing by the parties (although there are exceptions covered by law eg wills; sale of land; bills of exchange)