Charge certificate

Charge certificate – Within the area of the Real Estate Law in most jurisdictions this legal term refers to a certificate for burdens, issued by the local Land Registry to the legal mortgagee, i.e. the lender, who has lent money against burden in their favor on the property. The certificate is proof of the legal mortgagee’s right on the real estate against all third parties. In case of eventual non-payment of the debt, the creditor in whose favor the charge certificate is issued may bring the property to the bailiff for selling it on a public auction and collecting the debt.

The term origins from the word “charge”, considered as legal burdens of a property, which affect its legal status. For example, a registered civil claim or a mortgage is charge on the property which may play role for the clear title on a later stage. In the Criminal Law, charge refers to a formal accusation in the form of a specific act (usually a court decision), against a person, stating that a criminal offence has been committed, resp. that a punishment has to be done – putting in jail, performance of work in favor of the society, payment of charge, etc.

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