How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10999
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

I am selling by deceased dads house which I have the title

This answer was rated:

I am selling by deceased dads house which I have the title deeds to however they are saying that they can’t find the mortgage deed. The mortgage was paid off in 1977. Is this a problem
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We are in process of getting contract of sale
Assistant: Have you talked to a lawyer about this?
Customer: I have a solicitor but the person dealing with it said it’s new to her dealing with deeds from 1952
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No
Customer: replied 10 days ago.
The original mortgage was started in 1952

Hi I take it that the Deeds are not registered at the Land Registry and you have given your Solicitor all the Unregistered Deeds that you can find?

Al

Customer: replied 10 days ago.
Customer: replied 10 days ago.
Sorry can’t talk on phone as working I. Hospital

Thanks. Well, your Solicitor should know this, but it does not matter that you have been unable to locate the Mortgage Deed. Your Solicitor will need to carry out a Land Charges search against your Dad's name and this reveals if any Bank or Building Society have a Charge over the property. On the basis that the Mortgage has been paid off, this result will be clear and that will be good enough evidence to your Buyers Solicitor that there is indeed no Mortgage on the property!

I hope this helps and clarifies the position.

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

Kind Regards

Al

Aston Lawyer and 4 other Law Specialists are ready to help you
Customer: replied 10 days ago.
Thank you so much you have put my mind at rest

Thanks! All the best Al