The Informal Charge becomes enforceable when the lender obtains a court order, allowing them to take possession of or sell the land if the borrower defaults on the loan. This type of charge is common in jurisdictions where formal registration processes may be cumbersome or delayed, providing a quicker method for securing loans. However, it carries risks for both parties, as the lack of formal registration can lead to disputes over the validity of the charge or priority over other creditors.
Informal Charge
KShs 3,000
An Informal Charge is a legal document used in financial transactions where a borrower pledges their land or interest in land as security for a loan. This document is not formalized through registration but is recognized by the lender and borrower as a valid charge. It typically includes a written and witnessed undertaking by the borrower, clearly stating the intention to charge the land or interest in land for the repayment of the borrowed sum. The borrower deposits title documents with the lender, such as a certificate of title or lease, which serve as evidence of the borrower’s ownership or interest in the property.
