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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10412
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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We can't find the title deeds to my late father's house (

Resolved Question:

we can't find the title deeds to my late father's house ( died nov 16th 2010 ) and my mother can't remember whom the mortgage was with and we suspect that they are looking after the deeds ( as I remember ). Lloyds have checked dad's direct debit payments ( to find the mortgage provider ) but their records only go back 12 yrs . Deeds not registered with Land registry . Mum needs to downsize and we can't sell without the deeds .
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
In short finding parents former mortgage provider may solve the puzzle
Expert:  Aston Lawyer replied 9 months ago.

Hi,

Thanks for your enquiry.

Your Mother should instruct a local Conveyancing Solicitor to firstly carry out what is called a Land Charges Search. Such a search reveals any charge over unregistered properties. The Bank should have removed this charge when the Mortgage was paid off, but it is definitely worth a go, as the search only costs £4.00.

If that doesn't help, your Mother will need to make an application tot he Land Registry for first registration of the property. As the Deeds have been lost, she will need to complete a set Form detailing what she believes has happened to the Deeds aswell as providing as much evidence as she can that she owns the property (copy documents or correspondence from the Solicitor who acted in the purchase) and evidence that she has been living there (old Council tax statements/utility bills).

Depending on what evidence you can provide to the Land Registry, they will either grant what is called "possessory title" or "absolute title". Absolute title is the normal and best title, but in these scenarios, the Land Registry will normally grant possessory title. If so, she will still be able to sell the property, but she will have to pay for what is called a "possessory title indemnity policy" which provides an insurance to the Buyer. Depending on the value of the property this will cost between £150-£250 and is a one off payment.

Your Mother's Solicitor will be able to advise concerning the above.

I hope this assists and sets out the legal position.

If I have helped, please would you rate my answer.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10412
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 9 months ago.
my mother has alzheimers and no memory . the solicitor who dealt with the sale is deceased and the firm claim to no longer have any records to do with the sale which I find very odd .I have searched through all of dad's filing cabinets but can not find any details as to the purchase back in 1974-75 nor any documentation as to whom he had his mortgage with . I know that it was an old fashioned endowment policy type mortgage with Standard Life but they say that they cannot match the policy to a mortgage provider which I again find hard to believe .
Customer: replied 9 months ago.
Would rather find the original deeds

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