Consenting to a Charge on your property under pressure
In cases where one person, usually a wife has been pressured into signing a charge against their property as security, or acting as guarantor for the debts of their partner, (for example business debts), the courts have decided that the lender may sometimes not be able to recover their debt by forcing a sale of the property.
The courts may be willing to "set aside" a charge, (stop it from being enforced) if one person has entered into the agreement because of misrepresentation or pressure from a third party who is in a relationship of trust with the borrower. For example, a husband & wife, parent & child, boyfriend & girlfriend, employer & employee, solicitor " client etc.
Where it looks as if the transaction, (agreeing to sign the charge) may not be to the borrower / guarantors advantage the lender must take steps to make sure the borrower or the guarantor is aware of the risks.
- Private Housing
- Assured Shorthold - Definition
- Assured Shorthold - Possession
- Accelerated Possession Procedure
- Warrants of Execution
- Defending Possession Proceedings
- Tenancies before 15th January 1989
- Housing Benefit Tenants
- Property Disrepair
- Mortgages and Repossession
- Alternatives to a Possession Order
- Property Foreclosure
- Housing Loans (other than mortgages)
- Raising money for mortgage arrears
- Tenants of Mortgaged Homes
- Consenting to a charge on your property under pressure
- Bankruptcy & your home
- Human Rights Act 1998 & your home
- Links & Addresses