• Protecting A Loan From A Subsequent Charging Order

    By Guest on 12th Feb 2017


    I loaned some money to a relative of mine some years ago and am concerned that, whilst he now has sufficient equity in his property to cover the loan, his later creditors may be about to apply for a charging order, which would place them ahead of me in the pecking order, should they force a sale. He tells me that he'd be quite happy for me to register a restriction or notice against his property to try to protect my position by giving me a prior interest in the land, but I'm not clear whether either of these would give me priority over a later charging order. If so, could you please tell me which type of notice or restriction I should register. Many thanks.

  • 1 Answers

    By Guest on 15/02/2017

    Registering a notice will protect the priority of the interest though it does not prove its validity. I recommend you speak to a lawyer about your options as a mistake here cold be costly

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