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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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we have paid our mortgage off and our mortgage company h ad

Resolved Question:

we have paid our mortgage off and our mortgage company h ad told us we have some charges against our house. These charges are nearly 20 years old and have been paid back. Most of the paperwork for these charges was lost in a water leak we had at home 10 years ago.
One of the companies has closed down since so we do not know how to get these charges removed.
One of the charges was with abbey national which has been paid off, we rang santander and and they said they can do nothing without a reference number which we do not have.
we assumed once all charges were paid off the charges would be removed.
how do we get these charges removed because they have been paid off.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if you have any evidence that the mortgages have been repaid please? I conclude from what you say you probably do not but I ask for the avoidance of any doubt?

Joshua :

Am I correct that no demands for any payment under the charges has been made in the last 12 years?

Customer: The mortgage was only paid off a few weeks ago so we proof of that, we can't find the paperwork to show the charges were paid off and no demands have been made by any of the companies in the last 12 months.
Joshua :

Thank you.

Joshua :

There are three ways in which a charge can be removed from the register which with your permission I will outline below:

Joshua :

1) the charge is removed with the chargees (the person with the benefit of the charge) consent - the usual way - where the charge is removed by the chargee signing or discharge deed and sending this to the Land Registry. This is often done electronically nowadays. Based on what you say this is not possible here.

Joshua :

2) A request by the property owner (you) to the Land Registrar to cancel entries relating to a legal charge on the basis that the entries no longer protect a valid charge or because you have evidence that the debt owed under a charge has been redeemed, where for some reason the chargee is unable or unwilling to remove the carge voluntarily. Rule 114(4) of the Land Registration Rules 2003 allows the registrar discretion to accept, instead of a DS1 (this is the deed signed by the chargee referred to in para 1 above), any other proof of satisfaction of a mortgage that the registrar may regard as sufficient. The registrar cannot just wipe out charges on your word and request alone, but if you have evidence that the charge should no longer be present, because for example you have evidence of repayment or you have evidence that the chargee no longer exists (company has been wound up) then you can apply to the registrar to remove the charge under this rule using form DS2 and submitting such evidnence you have in support:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/352440/DS2.pdf

Joshua :

3) If the registrar is not satisfied with the evidence you submit under para 2 above then you will need to make an application to the county under s50 Law of Property Act. This section provides a power for a court to discharge a security if the property. You would need to supply evidence to support why you contend that the charge should no longer subsist against your title. If the court is satisfied that the charge should no longer bind your property then it can order its removal. If it believes that there is money still owing under any charge then it can require you to pay what it believes is owed into court before it orders the removal of the charge where such money may be released back to you if you can uncover further evidence that the charge has been redeemed. Generally if you can show that no demand has been made for a debt for more than 12 years or that a company benefiting from the charge has been wound up or that you have repaid money under the charge (as in the case of your mortgage you refer to) this should be sufficient. If applying to court you wll need to complete form N244.

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=484

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Customer: Thank you very much this really helps
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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