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Author Topic: Question about property title deeds  (Read 1877 times)
Chubbs

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« on: Tuesday, November 8, 2016, 17:18:28 »

We're in the middle of applying for a probate so we can deal with my dad's estate but we have hit a bit of a complication. The solicitor tells us that my parents house is not registered with the Land Registry and sure enough when I do a search it tells me this. We've been told this is not uncommon. We have searched the house high at low and can't find them.
My parents bought the house 35(ish) years ago and paid the mortgage off about 15 years ago. My mum thinks that they could still be with the lender, which I am pursuing but everything I've read online states that once the mortgage is cleared the lender will send the title deeds to you.

Does anyone have any advise, ideas on any other avenues I can go down whilst I wait for the lender to get back to me.
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REDBUCK

« Reply #1 on: Tuesday, November 8, 2016, 17:51:19 »

No advice really just a similar situation really. The lender which was a high street bank had kept them in storage after the mortgage was paid off. Had to chase them round due to the odd branch closure but they turned up.
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ronnie21

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« Reply #2 on: Tuesday, November 8, 2016, 18:13:34 »

As regards the lender giving you the title deeds when you finish your mortgage, your dad may have done what we have done, left them with the lender, I actually owe £125 on the mortgage and to get the deeds would have to pay that off.  Each year we get a statement, telling us where the deeds are and informing us that if we want them we must pay the £125!!  They do not charge interest on that!!
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suttonred

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« Reply #3 on: Tuesday, November 8, 2016, 18:15:15 »

I haven't looked for a link but between 3-5 years ago the banks etc decided they weren't going to store them anymore and were going to digitalise and send out all hard copies to home owners/mortgage payers. As far as I know that happened in it's entirety. So unless missed out by the bank/BS , the hard copy will be there at the house, but they should also have a digital copy. Might be that it being paid off along time ago. it's either been lost. or put into storage.
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Samdy Gray
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« Reply #4 on: Tuesday, November 8, 2016, 18:20:59 »

You're going to need to wait for the lender to confirm whether they hold the deeds, Chubbs.

Without knowing if the deeds still exist or have been destroyed, you can't proceed any further. If they have been lost/destroyed you can apply for first registration with the Land Registry but you need to give them quite a lot of detail. I'm not sure how difficult that might be if one owner has died too.

As regards the lender giving you the title deeds when you finish your mortgage, your dad may have done what we have done, left them with the lender, I actually owe £125 on the mortgage and to get the deeds would have to pay that off.  Each year we get a statement, telling us where the deeds are and informing us that if we want them we must pay the £125!!  They do not charge interest on that!!


It's pointless now if the house is already registered. If it's not, it might still be worth paying to get it registered now to save delays & problems in the future.
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Chubbs

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« Reply #5 on: Tuesday, November 8, 2016, 20:23:34 »

That's all, I'm really hoping the lender has atleast a copy of them,
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4D
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« Reply #6 on: Tuesday, November 8, 2016, 20:38:07 »

Solicitors can sometimes store them, have you tried that route?
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jayohaitchenn
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« Reply #7 on: Tuesday, November 8, 2016, 20:40:44 »

Chubbs, all this stuff is going to take a long time. We had zero complications with my old man's estate and it still took over a year to be fully sorted so don't make any plans yet.
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Chubbs

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« Reply #8 on: Tuesday, November 8, 2016, 20:58:06 »

Chubbs, all this stuff is going to take a long time. We had zero complications with my old man's estate and it still took over a year to be fully sorted so don't make any plans yet.
No plans being made here, just want it over with for my mums sake.
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jayohaitchenn
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« Reply #9 on: Tuesday, November 8, 2016, 21:00:28 »

I know the feels bro, it's a long road. Got no practical advice for you other than that.
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RedRag

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« Reply #10 on: Tuesday, November 8, 2016, 21:59:06 »

If the property is registered

Although the deeds would have been held by the lender you would not need the deeds as such to sell the property as it is the Land Registry's electronic record and not any deeds that determine proof of ownership, ie ability to sell.  it is pretty uncommon for a residence purchased 35 years ago not to have been the subject of compulsory registration at the time.

The only other benefit of deeds would be that there may be other papers stored with them that are useful such as planning permissions, building regulation consents and possibly declarations of trust

If the property is unregistered

Possession of the deeds is essential to enable the property to be sold - which even if not the plan for now, it is essential that your mother be in a position to sell the property whenever she may choose in the future and without delay.
If the deeds do not turn up from the lender, your mother will have to apply for first registration (almost on a par with acquiring squatters' rights)  which could be a costly and relatively lengthy process.  If the lenders cannot produce the deeds or a receipt for them, I wonder whether there may be grounds to hold the lender responsible for the costs of any first registration now required due to the lost deeds?

Finding the deeds is therefore massively desirable.

It is worth checking whether the solicitors who acted on the purchase still hold the original purchase file or indeed whether they (or any other solicitors) may have been involved with the mortgage redemption (not the case these days) and would have received the deeds.  Alternatively, have the deeds been stored with a bank for safekeeping if they are not at home?  It may be worth enquiring directly of a bank as to this


I think your solicitor will be the best placed to advise further but if there is any question of another, different solicitor having acted on the original purchase or even received the deeds after involvement with a mortgage redemption then that would be worth checking - that different solicitor could well have been entrusted with the deeds following redemption and if the original file were still available (they may be destroyed after 10 years) then if the deeds are lost and the property is unregistered then that file could contain valuable evidence to support a claim for first registration, so check further with your Mum.

Good luck to you and your Mum

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