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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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My dad passed away 3 years agoand have to sell his house as

Customer Question

My dad passed away 3 years agoand have to sell his house as part of my divoce settlement but cant find the deeds all the morgage is paid off so need the deeds and in my name the house was left to me in his will and im the only child
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask if you know whether the property is registered at the Land Registry please?If it isn't have you contacted the mortgage lender to see where the deeds were sent following repayment of the mortgage?
Customer: replied 1 year ago.

No its not and the morgage is no longer in service its like im hitting my head against a brick wall

Expert:  Joshua replied 1 year ago.
Tracking down unregistered title deeds can be a frustrating and worrying process. With your permission I will check you have covered all the usual bases and then go on to explain what can be done in the worst case scenario that the deeds cannot be found. For the avoidance of doubt do you mean that that the lender is no longer trading or just that the mortgage is no longer active?Would I be correct to assume that you sorted through your fathers papers and found no trace of deeds?Have you checked with his bank to ensure they are not holding anything for him in a safety deposit box?Have you checked with any firms of solicitors he used to see if they are holding the deeds?Have you asked friends or family if they have any knowledge as to where he may have kept the deeds?
Customer: replied 1 year ago.

Yes to all my dad never even metoined them so dont know what was ever done with them ive asked the bank he used the only person i havent ask is where the will was

Expert:  Joshua replied 1 year ago.
Thanks. OK you have covered all the normal bases but it is worth checking with the solicitor or will writer he kept his will with to ensure they have checked their deeds pack records and if in any doubt it is worth rechecking with any other firm he used that they are certain that they have no deeds stored there.If despite your efforts all of these enquiries turn out empty then you will need to face the possibility that the deeds have been lost at least for the moment. This does happen and it is bad but not a disaster and there is still a process where the property can be registered and sold. So I can explain this further could you tell me (approxmate dates are fine where you are not certain):When did your father purchase the property?When did he take out a mortgage?When was the mortgage paid off?Was any formal deed of assent prepared transferring the property to you following his passing?Did a solicitor deal with the administration of his estate?
Customer: replied 1 year ago.

House bought november 84 morgage same time with derbyshire biulding society paid off 2002 when my mam died be approx april of that year the will was done through gmb union and dont know about the admin

Expert:  Joshua replied 1 year ago.
Thank you for that. If the deeds have been lost (though one would still be hopeful that they may be located with the firm you have not yet contacted) then you will need to reconstruct the title.This is done by a solicitor who will interview you and take down a history of the property along the lines of the above though in more detail. He will also examine any documents you do have (if any). He will also contact the Derbyshire to see if they can provide any documents relating to the mortgage, in particular the mortgage deed. finally, he will carry out an index map search with the land registry to confirm the property is unregistered as you believe and carry out a land charges search which is a search of the old land charges register which is used for unregistered property which should reveal a note of your parents mortgage that they took out which is very good independent evidence that they owned the property for the period you refer to because the entries will be dated. He will combine the above information to prepare something called a statutory declaration. This is a formal declaration given on oath by you that all of the above information you supply to the solicitor is true and must be sworn formally in front of another solicitor ( this is a simple process which takes just a few minutes). The above declaration can then be used to apply for registration of the title. If the solicitor is able to obtain a copy of the mortgage deed this can form a good root of title and the Land Registry may be prepared on that basis to grant absolute title (though the title would be missing entries and so would have "protective entries" added stating that the Registry was not supplied the title deed with registration. However in the circumstances, the property would be able to be sold normally with fill title and you would have to supply indemnity insurance to cover the protective entries which would be available for a one of premium of usually £150-300 depending on the value of the property. if the mortgage deed cannot be found, then registration is still possible but it is likely the land registry would only grant something called possessory title at this stage. Possessory title is granted by the land registry is not satisfied sufficiently to guarantee the title (the land registry guarnatees all titles registered with absolute title which guarantee is backed by the state). Possessory title is still title to the land and based on the above, you should have good evidence of the quality of title but possessory title on its own can be difficult to sell for full market price. If no further documents can be found the title can be upgraded following 12 years from your fathers date of death to full title. This is of course the very worst case scenario, and if further information can be obtained with regards ***** ***** father's mortgage, you would hope to be able to secure a better class of title than this in the first place. If however you find it is not possible, you will need to decide what to do following registration of only a possessory title. If you sell on the open market, it is likely you would achieve a reduced price because only specialist lenders will normally lend in respect of possessory titles. For this reason, many people only possessory titles, decide to retain the property, and either live in it or rent it out until such time as the title can be upgraded in order to achieve full market value. but an arrangement could also be provided for as part of financial settlement under any divorce whereby the sale is delayed on the basis it could prejudice both parties to order an early sale of the property. The legal costs associated with reconstructing a title would usually be in the order of £600-1000 + VAT though you may be able to negotiate a lower fee if you shop around. As above, with the benefit of further information with regards ***** ***** father's mortgage, I would be at least hopeful that you would be able to obtain a better class of title than possessory from the off and therefore the above paragraph will not be relevant. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Expert:  Joshua replied 1 year ago.
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Expert:  Joshua replied 1 year ago.
If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today. Your feedback is important to me. Many thanks
Expert:  Joshua replied 1 year ago.
Have I been able to help you with all your questions on the above?
Expert:  Joshua replied 1 year ago.
If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

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