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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11419
Experience:  30 years as a practising solicitor.
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Our mortgage has been paid off and I have drafted a

Customer Question

Our mortgage has been paid off and I have drafted a discharge of the standard security for recording in the register of sasines. Could you check this is in the correct style and has no obvious errors? I'm not sure about the deduction of title clause as I could not find an example anywhere, but it's neccessary as the lender was Halifax plc and they have now been replaced by Bank of Scotland plc.
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
Document
Expert:  JGM replied 1 year ago.

Your deduction of title clause is fine. The only change Inwould make is to add details of your property after the words "County of Selkirk" by adding the words "over All and Whole the subjects known as and forming" and then copy the address and conveyancing description from the Standard Security. I hope at helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 1 year ago.
Thank you. Also, is it actually neccessary to include our former address? And should the letter to the lender just say "I have enclosed a discharge of the standard security registered for this mortgage and would be grateful if it could be executed and returned to me as soon as possible."
Expert:  JGM replied 1 year ago.

If your former address appears on the Standard Security it is good practice to pick that up in the Discharge. And the proposed wording of your covering letter is fine.

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Customer: replied 1 year ago.
Bank has just returned the discharge, but they have just signed it without a testing clause or including the witness's address. Is this okay to record?
Customer: replied 1 year ago.
The 'add files' button doesn't seem to be working so I have uploaded a copy of what was returned - https://1drv.ms/f/s!AiR5K_Ibx80ygrxdSbKkcGz-PfF7fw
Expert:  JGM replied 1 year ago.

No you need to put in a testing clause yourself if you are the presenter of the deed. You can assume the witness's address is the address on the letter returning the discharge.