Q&As

Does the chargor need to execute a deed of release, or just the lender?

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Published on: 28 July 2022
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Usually, a chargor would not need to execute a deed of release unless the chargor is promising to do anything under the deed of release, or giving any confirmations. Examples might include if the chargor is agreeing to pay expenses relating to the release, or if the chargor is confirming that any remaining security will continue in place (which could be relevant if the release is partial rather than full).

We note that some parties might argue that, in relation to security over land, section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989) applies to the deed of release. In so far as is relevant to the question, LP(MP)A 1989, s 2 provides that a contract for

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