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Posted Thu, 01 Feb 2024 08:29:54 GMT by Shade Onas
Hi can a legal charge (mortgage) be registered against a property jointly owned where the mortgage is taken by one of the joint owner. I think this should be acceptable but the Lawyers are stating the Registry will reject such application; and the application needs to be in the names of both joint owner. The mortgage lender is happy to proceed on lending to just one of the owners. The joint owner have no issue with the charge been made on the property. 

if the security deed can be registered with just one of the owners as the lender, how can this be processed as the lawyers are stating this is not possible.
 
Posted Thu, 01 Feb 2024 11:37:22 GMT by Adam Hookway
Hi Shade - it can't be registered as a legal charge unless all the registered owners 'charge' the property
Posted Thu, 01 Feb 2024 12:44:45 GMT by Shade Onas

Thanks Adam. Can the joint owner be included in the charge without been a borrower on the mortgage? What other options are available with for the mortgage deed to be registered?

Posted Thu, 01 Feb 2024 13:56:27 GMT by Adam Hookway
Shade - the key part of the mortgage, from a registration perspective, is the charging clause itself. For example 'The Borrower hereby charges the property...." - the borrower will be defined and must include all the registered owners for it to be registered as a legal charge.
If you can't achieve that then the lender would be looking at protecting their charge by way of a Notice or Restriction but I'd expect them to be aware of that and already guiding you, through the conveyancer, as to what type of security they are offering etc
These aren't Qs HMLR can answer and advise you on - if you are looking for an alternative from what the conveyancer/lender are advising it's them you need to be discussing options with
Posted Thu, 01 Feb 2024 14:14:38 GMT by Shade Onas
Thank you. This has been really helpful.

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