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A participation agreement is a contract between all the leaseholders participating together in the joint purchase of their freehold and provides a legal basis for the action.
Participation Agreement RisksLead lenders craft participation agreements as a buy/sell contract stating that the lead lender is transferring economic rights in the associated loan to the participant(s) without creating an agency relationship.
How do I transfer share of freehold? If you own a share of freehold for your property, you will need a formal deed in order to transfer ownership. This deed will transfer ownership from yourself and the other co-owners of the freehold, over to the new owner of your property and all the other co-owners.
A participation agreement is enforceable by law (much like any other binding contract).
If you buy a property freehold, it means you completely own the property and the land it sits on (though of course your mortgage company could still repossess it if you don't keep up repayments). This kind of total ownership is known as 'title absolute' and sometimes by the curious term 'fee simple'.