Birketts LLP
Howell-Jones LLP
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This area covers creating and enforcing a legal charge over land to secure a loan, typically a mortgage, and the rights that flow from it. A solicitor drafts and negotiates the charge document, checks title, and ensures the charge is correctly registered at the land registry; they also handle related steps such as consents, discharge when the loan is repaid, and advising on enforcement if the loan falls into default. The work is shaped by the mortgage market, title checks, and the interaction between borrower, lender and registry bodies.
A solicitor drafts the standard security or charge deed, verifies title and any covenants, and registers the charge at the HM Land Registry to secure the lender’s position. They may also prepare and register any discharge on repayment, handle consent from freeholders or trustees, and advise on enforcement options if repayment fails, including guiding steps to sale or enforcement by a lender.
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