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Second Lien Deed Of Trust for the United Kingdom

Second Lien Deed Of Trust Template for England and Wales

A Second Lien Deed of Trust is a security instrument used in England and Wales to create a subordinate security interest in real property, ranking behind a first lien. It establishes a trust arrangement where a trustee holds legal title to the property as security for a loan, while the borrower retains beneficial ownership and use of the property. The document details the terms of the security, the rights and obligations of all parties, and the relationship with the senior security interest.

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Second Lien Deed Of Trust

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What is a Second Lien Deed Of Trust?

The Second Lien Deed of Trust is commonly used in England and Wales when a borrower requires additional financing secured against property that already has existing security. This document creates a second-ranking security interest, subordinate to the first lien, and includes detailed provisions regarding the trust arrangement, security enforcement, and inter-creditor relationships. It's particularly relevant in refinancing scenarios, property development, or when businesses need to access additional secured funding without disturbing existing security arrangements.

What sections should be included in a Second Lien Deed Of Trust?

1. Parties: Identifies all parties to the deed including borrower, lender, and trustee

2. Background: Recitals explaining the context and purpose of the second lien

3. Definitions: Key terms used throughout the document

4. Grant of Security: Core provisions creating the second lien security interest

5. Property Description: Detailed description of the secured property

6. Priority and Subordination: Provisions regarding ranking behind first lien

7. Covenants: Borrower's obligations regarding the property and security

8. Default Provisions: Events of default and remedies

9. Trustee Powers: Powers and duties of the trustee

What sections are optional to include in a Second Lien Deed Of Trust?

1. Insurance Requirements: Specific insurance obligations - include when specific insurance requirements need to be detailed

2. Environmental Provisions: Environmental warranties and covenants - include for commercial properties or where environmental risks exist

3. Further Advances: Provisions for additional borrowing - include when facility may be increased in future

What schedules should be included in a Second Lien Deed Of Trust?

1. Property Schedule: Detailed legal description of the property including title information

2. Form of Notices: Standard form notices for various circumstances

3. Permitted Encumbrances: List of approved existing liens or encumbrances

4. Insurance Requirements: Detailed insurance specifications and requirements

5. First Lien Details: Information about the senior security interest

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Mortgage Document

Cost

Free to use
Relevant legal definitions

















































Clauses


































Industries

Law of Property Act 1925: Core legislation governing property law in England and Wales, covering legal estates, mortgages, and trusts. Includes specific requirements for creation and registration of charges.

Land Registration Act 2002: Governs the registration of land ownership and interests, including priority rules and notice requirements for registered land.

Trustee Act 2000: Defines trustee duties, powers, and responsibilities including investment duties and required standard of care.

Land Charges Act 1972: Sets out registration requirements for land charges and establishes priority rules for unregistered land.

Financial Services and Markets Act 2000: Relevant when the lender's activities fall under regulated activities, establishing regulatory framework for financial services.

Consumer Credit Act 1974: Applicable when the borrower is a consumer rather than a commercial entity, providing consumer protection measures.

Insolvency Act 1986: Contains provisions affecting security interests in case of insolvency, including ranking of creditors and enforcement rights.

Human Rights Act 1998: Relevant particularly regarding possession proceedings and ensuring fair treatment in enforcement actions.

Mortgage Credit Directive Order 2015: Implements EU regulations for regulated mortgage contracts, setting standards for mortgage lending.

Common Law Principles: Includes equitable principles regarding mortgages and trusts, priority rules, and the doctrine of notice as established through case law.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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