When does the mortgage become a legal charge?

Study for the CILEx Conveyancing Level 3 Exam. Prepare with targeted quizzes and interactive questions; each offers detailed explanations. Excel on your exam!

Multiple Choice

When does the mortgage become a legal charge?

Explanation:
The key idea here is that a mortgage over land becomes a legal charge only when it is registered against the title at HM Land Registry. The mortgage deed by itself creates the obligation and can give rise to an equitable mortgage, but to be enforceable as a legal charge against third parties, the security must be entered on the land register. That registration is what converts the interest into a legal charge. So, the moment the charge is registered is the point at which it becomes a legal charge. The other options don’t fit: completion of the sale doesn’t by itself create the charge; signing the mortgage deed creates the obligation but not the registered legal charge; and the OS1 priority period relates to other title considerations, not the creation of a legal charge.

The key idea here is that a mortgage over land becomes a legal charge only when it is registered against the title at HM Land Registry. The mortgage deed by itself creates the obligation and can give rise to an equitable mortgage, but to be enforceable as a legal charge against third parties, the security must be entered on the land register. That registration is what converts the interest into a legal charge.

So, the moment the charge is registered is the point at which it becomes a legal charge. The other options don’t fit: completion of the sale doesn’t by itself create the charge; signing the mortgage deed creates the obligation but not the registered legal charge; and the OS1 priority period relates to other title considerations, not the creation of a legal charge.

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