Legal Charge

[Barquentine]

If I lend my daughter the money to buy her house how do I get a legal charge on the property? I didn't get one when she bought it. now it's 2 years later and she is ignoring my requests for her to sign the charge drafted by my solicitor.

[scotman]

Do you have anything in writing to prove this money was loaned?

[chrissa1]

Why is she ignoring your requests?

[redcrx]

was any mention made at time of you having lent her the money? youd have to prove it somehow.

[ummmm]

If money is lent for a specific purpose like this...there is usually a trail.

[Barquentine]

Oh dear. I just got her to sign a note to acknowledge the amount I gave her and promising to repay it.
She signed that & I got a bank statement to show the transfer out of my account.
She won't sign a Loan Agreement the solicitor drafted.
We haven't fallen out. I think her husband may be influencing her but no idea.
Maybe I should say I will start a debt action against her - wanted to avoid that if I can. I just need to register a legal charge but all I have is that one paragraph signed note!

[Buenchico]

We really need Jenna1978 (one of AB's solicitors) or Barmaid (a barrister) here but, to the best of my knowledge (and using a 'common sense approach' to the law) there is no way that you get a charge placed on someone's property without either their consent or a court order.

Further, a charging order from a court is only available as a method of enforcement AFTER the property owner has defaulted on a previous court order for repayment of a debt.

Chris

[Eve]

Did you transfer the money to her to transfer in or direct to the solicitors? If the latter then the solicitors should have queried a transfer in from a third party so there may have been a note then. Difficult to get hold of if you don't have a copy of anything and your daughter isn't playing ball though.

What does the note say? Any terms and conditions of paying it back?

You could go for a charging order and get it registered - do you think it might encourage her to sign up to a reasonable loan agreement with a charge registered on the title if threated with this?

If you can get anything registered on the title, try and get a restriction which requires your consent (not just that you are notified) of any sale, further charge etc...

[maclarencat]

"We havent fallen out" I think you will if you take her to court!