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Posted Sun, 01 Mar 2026 13:59:42 GMT by Kate Harrison
LA921714 A Lender has not registered (or not been able to register) their (unregulated) mortgage against the property and so we have been advised by Counsel that it has no effect in law. By default they may have an Equitable Charge. However this is also not registered and no Notice has been entered. How can we find out if an Equitable Charge actually exists against the property. If EC can't be registered how would a proprietor know that one existed? Does mortgage automatically become an Equitable Charge if mortgage can't be registered with LR? Would a new document have to be created with Proprietor's agreement?
Posted Mon, 02 Mar 2026 06:42:08 GMT by Adam Hookway
Kate - third parties can protect such interests on the land register for a registered property - see PG 19 for guidance on how they can do this<br> <a href="https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register">Practice guide 19: notices, restrictions and the protection of third-party interests in the register - GOV.UK</a><br> As to what impact such a charge might have in law without being registered you would need to take your legal advice as appropriate - we can't advise you on such matters

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