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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Is an original mortgage deed required to prove debt and what

Resolved Question:

Is an original mortgage deed required to prove debt and what does it look like
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Could you please give me a little more information- are you referring to a standard High Street Bank/Building Society mortgage?

Who is trying to prove the debt exists?

I look forward to hearing from you.

Al

Customer: replied 2 years ago.

Good afternoon Al

Thank you for your response; more detail regarding my question as follows-

I have in my possession an original document entitled C & G Mortgage Deed signed by myself and my wife and witnessed. It is attached to the original HM land Registry Charge Certificate.

My question is-

If I was to default on my mortgage, would these documents be essential for a court to allow repossession? In fact to open the question up a little, are C & G powerless to enforce the mortgage without these documents or is the Land Registry entry sufficient?

I would be grateful to receive your definitive response please?

Thank you

Robin

Expert:  Aston Lawyer replied 2 years ago.

Hi Robin,

Thanks for your reply and apologies for the delay.

I am afraid to say that the fact you are holding the original Mortgage Deed would not prevent the C&G from being entitled to enforce the Mortgage conditions, or indeed repossessing the property if you defaulted on the mortgage payments.

Nowadays, nearly all High Street Lenders do not require us Solicitors to send them the original Mortgage Deed as the Land Registry retain a copy, which is sufficient for their purposes- indeed, if the Land Registry receives an original Mortgage Deed, it will take a copy and then destroy the original!

Sorry if this isn't what you wanted to hear!

Kind Regards

Al

Customer: replied 2 years ago.

Thank you Al, your reply to my hypothetical query was clear and concise, I now understand much better than I did earlier and I am much obliged.

regards

Robin

Expert:  Aston Lawyer replied 2 years ago.

Thanks Robin.

If I have assisted, I would be grateful if you could rate my answer.

Kind Regards

Al

Aston Lawyer and 2 other Law Specialists are ready to help you