Rank: Elder Joined: 9/7/2010 Posts: 2,148 Location: elderville
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accelriskconsult wrote:Elder wrote:accelriskconsult wrote:I know that those are governed by specific Acts but legally, you can draw up a charge on your property, without a lawyer. The process that involves advocates is called registration of charges. This process is distinct from the process of drawing up a charge; and yes if the advocate had lost his rights to practice, then the charge can be contested, but is not necessarily invalidated. What use would a charge which is not registered be? And FYI you can`t register a charge unless it is endorsed with the name of the advocate or law firm that has drawn it up which effectively means that a charge never drawn by an advocate can never be registered. In fact all documents meant to be filed or accepted by `The Registrar, the Registrar of Titles, the Principal Registrar of Government Lands, the Registrar-General, the Registrar of Companies and any other registering authority` must be drawn by advocates and their names or their firms names endorsed thereon for them to be accepted and recognised by the said authorities. That is not true. refer to the cases discussed in this blog http://allensinsolvencyl...harges-and-unfair.html.
Additionally, if you lent your friend money and had an unregistered charge on his house, it does not mean that your charge is useless. It may just mean that your charge is subordinated if others exist on the same property. The link goes to ...`page not found.` Do repost the right one. What is not true about my statement? He who can express in words the ardour of his love, has but little love to express. - Petrach, Son. (That men by various ways arrive at the same end. - Montaigne, The Essays of.)
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