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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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i have taken out a mortgage on my house, the mortgage as been

Resolved Question:

i have taken out a mortgage on my house, the mortgage as been agreed and paid to me.
but the solicitors have now written to me as they have lost the paper work concerning the deeds transfer, do i have to by law, as they have requested send out another witnessed deed transfer letter, or can i ignore this and keep the deeds in my name?
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. Did you own the property before you took the mortgage out it you did you recently purchase the property with the assistance of a mortgage
Kind regards.
Tom
Customer: replied 3 years ago.
no i owned the property before i took the mortgage out, i have been repaying my new mortgage for 2 months, it seems the banks solicitors lost my paper work. now they have sent me new forms to be witnessed and signed for.
Expert:  Thomas replied 3 years ago.
Did you own the property jointly before?

Do you own the property jointly now?

I've got to pop in to a meeting (unexpetadly) now but will be able to answer in half an hour

Tom
Expert:  Thomas replied 3 years ago.
Hi

Has their been any change in ownership at all, perhaps to or from joint names with co-owner?

Is the form you have been sent a TR1 form or a mortgage deed?

Tom
Customer: replied 3 years ago.
Hi Tom, yes the property is jointly owned now and before the mortgage with my spouse,

David..
Customer: replied 3 years ago.
sorry i missed that post
no we have owned the property for over 20 years the form is

form of change filed at hm land registry under ref md 839d m55 nov 2004

hope this helps
Expert:  Thomas replied 3 years ago.
Hi David,

Thanks for your reply.

You should sign the form. It sounds like it is the standard form of charge that the lender uses. This is effectively your contract for the mortgage and it is required in order that they can have their charge registered against the Land Registry registered title for the property.

You have effectively accepted their offer by taking the mortgage advance and paying the two monthly payments so they would have extremely good evidence that you have accepted the mortgage offer and could produce this at court if they were forced to apply to have their charge registered so there is no value in not signing it. They would also include their costs for doing this.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6444
Experience: BA (Hons), PgDip, Practising Solicitor
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