Response to Refusal to provide MIG/Deed question

Chris,

I did realise that this wouldn't help Jen,I'm in the same boat,my deed was from Feb 89, but there does seem to be some confusion with some people saying( I believe) that prior to 1989 "it is by no means certain that all older mortgage deeds contain the required phrase or clause that would turn a shortfall debt into a specialty debt". All I was trying to do was to say that Mr Rossdale's article doesn't seem to infer this, " the deposit of title deeds by a debtor with his creditor creates an equitable security whether accompanied by the debtor's writing or not" (Megarry & Wade). What is this magical required phrase or clause? Can we take deeds prior to 89 as all being Specialty or are their still loopholes? I imagine only a lawyer can only really tell, by looking at the deed.

Mark.

Jen can you confirm when your building society first contacted you.

[ Previous | Next ]