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Freehold Charge over Property | Residential Property & Conveyancing | Parslows Jersey

How does a lender protect its investment when it lends me money to buy my freehold property in Jersey?

Jersey Freehold Charge

Types of freehold charges commonly used in Jersey

Freehold Charge

If the property is a freehold property, then the Bank will secure its loan by means of either (i) a simple conventional hypothec (‘HCS’), or (ii) a bond or acknowledgement of indebtedness registered in the Royal Court (hypothec judicaire or ‘HJ’). The HCS and HJ are both versions of Jersey freehold charges.

Freehold Charge Procedure

Once you sign your offer letter from the Bank (sometimes called the facility letter) the Bank will instruct its lawyer to draft the legal documentation. To avoid any hold ups with the purchase completion date, it is important to ensure that you return your signed offer letter to the Bank as soon as possible.

As soon as we receive the Bank’s security documents, we will endeavour to send the freehold charge documents to you as soon as possible, to give you time to read over them prior to our meeting. We will of course answer any questions you may have when we meet.

You should bear in mind the requirements of the Bank in relation to an HJ (freehold). The Bank will require that the HJ is renewed within 10 years of the initial registration. You will be required to sign an irrevocable authorisation permitting the Bank to do this on your behalf. You will incur additional costs if and when a re-registration is required.

It should also be noted that, in addition to the freehold charge documentation that you will be required to sign, Parslows Jersey will also be required to provide a certificate of title to the Bank.

In essence, this document will declare to the Bank that the property you are buying is suitable for a charge to be registered against it.

This certificate will require us to confirm that the title to the property is satisfactory; that the relevant consents from the various States departments are in force (e.g. Housing consents); and that the various search letter replies are satisfactory.

We are obligated to disclose any material adverse factors affecting the property, and the company and the shares, in the case of a security interest.

Payment of Stamp Duty

Please note that a loan secured against freehold property will attract stamp duty. This is in addition to the duty or tax that you will pay to purchase your property. You may qualify for reduced stamp duty if you are a first time buyer.

You will need to provide us with cleared funds for stamp duty prior to completion.

Payment of proceeds of loan

HCS or HJ – your loan is usually paid by the Bank on the Tuesday following registration.

Please remember that your loan will not be provided gross. The bank and its lawyer will in most circumstances deduct their fees and charges prior to transfer (unless you have arranged otherwise).

Funds which arrive in our account too late on the day in question to forward them on will be dealt with the next day. We cannot influence the speed of the banking system. In some circumstances this may involve you in having to account for a day’s interest.

Re-registration

Jersey HJs require re-registration after 30 years.  As such, when you sign the relevant banking documentation you will be required to enter into a document giving the bank permission to re-register the charge over your property at that point in time.

Lindsey Power | Conveyancing Manager| Residential Property Lawyers

For advice, assistance or further information on a freehold mortgage in Jersey please do not hesitate to call 630530 or email us on property@parslowsjersey.com or call 630530.


How Parslows Jersey can help

We offer fixed no surprises conveyancing fees.

Whether you’re a first-time buyer, or some way up the Jersey property ladder, our team of conveyancers provide an exceptional service for all our clients that is timely, accurate and pragmatic, and handled in an uncomplicated and friendly way.  We are regularly thanked by our clients for our reasonable rates, our exemplary service, our communication with clients and for ensuring that the whole process runs efficiently. We understand that buying or selling property in Jersey matters.

Parslows conveyancing and property team provide an exceptional service to all our clients. Our clients are pleased with our service and fees; we are confident you will be too.


Please note that the information provided on this website is for general information purposes only and is designed to provide you with an outline of the legal services we offer.  Whilst we endeavour to ensure our information is correct and useful, we make no representations or warranties regarding the accuracy or completeness of the information offered.  Information on our website does not constitute legal advice and Parslows Jersey accepts no liability for any loss or damage arising out of, or in connection with, the information found in this website.  Please consult a lawyer at Parslows Jersey in the event that you require professional assurance that our information, and your interpretation of the same, is correct.
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