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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I bought a property on a BTL mortgage 9 years ago in the UK.

Customer Question

I bought a property on a BTL mortgage 9 years ago in the UK. I have checked and my name is ***** ***** title at the Land Registry. The Building Society's lawyer sent the copies of all the old title deeds to me by mistake. There is 58k outstanding. Can I just claim the property and not continue to pay the mortgage?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Is the mortgage registered against the property please?
Customer: replied 2 years ago.

I would have thought so but the title deed from the registry gives sole title to me. I can find no mention of Birmingham Midshires in the papers I hold

Expert:  Ash replied 2 years ago.
Have you been paying the mortgage?
Customer: replied 2 years ago.

Indeed

Expert:  Ash replied 2 years ago.
If you stop then the bank will apply for possession. If they are not named on the Land Registry this is clearly a mistake and as such they can apply to the court for an order that they are added and entitled to seek possession. The fact that you have been paying the mortgage for the last 9 years indicates that you accept that a debt is owed and I assume you accept they would usually have a charge.
That being the case then if you stop paying they can gain possession. I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

No, the answer is fine and exactly what I expected.

Worth a punt though. Thanks for your help, have a good weekendWink

Expert:  Ash replied 2 years ago.
And you!
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.