Do N+P (Abbey) have any right to chase me if they havn't signed the deeds

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i have been in a battle with eversheds regarding my mortgage (34500 on mortgae of 56000) shortfall claim, after many attempts they have eventually come up the documents that i have requested including valuations, copies of invoices ect. the one document that they still did not hand over was the copy of the mortgage deed (they kept insisiting that i may obtain a copy from the land registry) after reading a comment on this site regarding the validity of an actual contract existing between myself and the lender, based on the fact that the lender often never signed their copy of the deed, i approached the Land registry to obtain a copy of the deed myself.

i have just recieved the documents back from the land registry and the copy of the mortgage deed is unsigned.

Could anybody out there advise me whether my knowledge of contract law is correct and whether i can tell them to drop there claim, based on the fact that no contract exixsts between us.

-- Graham Goold (graham_goold@hotmail.com), June 16, 2001

Answers

This possibility was reported by Clare Hall in the Mail on Sunday (Financial Mail) on November19th, 2000. She was quoting the opinion of 'a legal advice expert and former barrister', Christina Rundle of Taunton, Somerset. You might be able to access the article via the Mail's web site thisismoney. I do not know if Ms Rundle's opinion (as reported by Clare Hall) is correct. Deeds are sealed not signed, surely?

You might like to email Clare Hall and ask her directly what Ms Rundle's full opinion is: clare.hall@mailonsunday.co.uk

Personally I don't think the ex borrower should be running round getting documents anyway - that's for the lender to do, if it wants to substantiate its claim (especially after many years have gone by). That's the level playing field.

-- Eleanor Scott (eleanor.scott@btinternet.com), June 17, 2001.


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