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Posted Wed, 10 Jul 2024 12:07:56 GMT by Claire Lucy
Hi - I am planning to loan my bf money to pay outstanding mortgage payments and prevent repossession and want to add this as a charge against the property.
1. Does the current mortgage lender have to approve the adding of the charge?
2. If the property was later repossessed by the mortgage lender would I still get my money back?

thanks 
Posted Wed, 10 Jul 2024 12:47:08 GMT by Adam Hookway
Hi Claire - that all depends on the T&Cs of his existing mortgage. Most legal charges (mortgages) include a restriction that states that a lender's consent is needed - check the register to confirm
We don;t deal with the 'monies' involved if a property is repossessed so can't really answer your second Q. Experience shows that the secured lending is in many ways treated like a cake so each lender gets a slice of the cake in accordance with the debt secured. So if the first lender repossessed they'd take their slice and whoever was next would get their slice/all of the remaining cake so to speak.
So in simple terms if there's enough equity to cover both charges then you'd presumably get your money back but if there isn't, and the cake wasn't big enough, you wouldn't get all of it back.
Please do seek legal/financial advice as appropriate for clarity though

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