Mortgage Deedsgreenspun.com : LUSENET : Repossession : One Thread
I have spoken with the Land Registry and the only answer that I could get from them was that they hold Charge Certificates. Are these Mortgage Deeds. It would seem that there is a lot of work to be done to obtain these documents from the Land Registry. If a debt had been written off would these "Charge Certificates" reflect this. Anyone that can give me any insigh on the workings of the Land Registry, what it holds and why a Lender would not have copies of Mortgage Deeds (which they have stated) please let me know.
-- Tim Heath (firstname.lastname@example.org), January 15, 2001
Futher to my earlier posting I have discovered that "The land registry keeps on file the copy mortgage for record purposes.The original is attached to the Charge Certificate and returned to the building society." If the BS does not have the "Original" can it make a claim based upon a copy of a copy supplied by the Land Registry?
-- Tim Heath (email@example.com), January 15, 2001.
Good piece of research there Tim, thanks for that.
As I understand it - and I am open to correction on this - a Charge Certificate is a record of the fact that somebody else has a "charge" or "right" over this property. If you are still paying off your mortgage, then that charge is because the mortgage lender still owns the property in reality.
Charges can also be placed on unmortgaged properties by people who have convinced the courts that the property owner owes them money. This is one reason why people wo have bought a property after being repossessed should weigh up the risks involved with challenging a lender to take them to court.
As far as I understand it, not all properties have a copy of the mortgage deeds attached to their Land Registry entry. As I understand it, this is most likely to be true of properties that were bought before the mid-1990s.
So you should continue to ask the lender to supply the mortgage deed.
-- Lee (firstname.lastname@example.org), January 15, 2001.
I recently managed to get hold of a copy of the mortgage deed from the land registry.I made an enquiry online at www.landreg.gov.uk under their heading storage of deeds.They replied with the regional office I should contact and even gave me the reference that applied to the property.I had to write to the regional office stating that I was once party to the mortgage and stating the reason I required the deed along with payment of £8.All that was relatively straightforward, now I just have to get someone to interpret the deed to find out where I stand with regards to the shortfall that Eversheds are chasing me for!
-- Jo Billington (email@example.com), January 17, 2001.