The Legality of unsigned Mortgage Deeds.

At this point in time, due to an ongoing shortfall battle, I do not wish to name names. This site has become of vast importance to us and provides a wonderful forum for the exchange of knowledge, I just hope that we are able to publish a 'WE WON' notice soon. My question is over the legality of an unsigned Mortgage Deed, which (God willing) we may find that we have. My understanding is that Mortgage Deeds, from the 27th September 1989, MUST be signed by both parties in order to be legal. If they are not signed the covenants are unenforceable by the lender! This brings a few interesting questions to mind - If the lender has not signed the Mortgage Deed were they even entitled to apply to the Court for repossession of our home? If the lender has not signed the Deed then surely they cannot take us to Court for any shortfall, as they cannot prove that a contract existed? Which is the 'original' Deed, that held at the Land Registry or the copies the lender should have on file? Are all copies of the Deed signed, or is just the Master Copy signed and any other copies notorised? If they cannot win a shortfall case then are we able to sue them (if we had the cash to do so) for I) Illegal repossession of our property. ii) Creating a shortfall where a surplus could have existed, had we been allowed time to sell our property? I am sure that many more questions will arise as time goes by, however any comments or suggestions would be welcome at this stage. Mike.

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