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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24613
Experience:  Senior Partner at Berkson Wallace
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My father has dementia and gone into care. I need to sell

Customer Question

My father has dementia and gone into care. I need to sell his property to pay for care. I cannot find the deeds. Is there a way of getting these.
JA: Where is your father? It matters because laws vary by location.
Customer: Oswestry, shropshire
JA: What steps has your father taken so far?
Customer: My father has dementia and has gone into a care home. I need to sell his house in oswestry, shropshire to pay for care home fees. I am unable to locate the deeds. He logged them with a solicitor that doesn't exist any more. Is there a way of getting replacement document or finding them. He bought the property around 54 years ago
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My father, living in shropshire, has dementia and has just gone into a care home. He logged his property deeds with a solicitor. I have no idea who or where. I need to sell the house to pay for care home. Is there a way of finding who has the deeds or getting replacement
Submitted: 13 days ago.
Category: Law
Customer: replied 13 days ago.
My father not capable of doing anything. I've searched his paperwork. One paper says he logged with a solicitor that no longer exists. There is a note on document saying he changed to another solicitor which no longer exists. I remember him telling me his will was with a solicitor in Wem, they no longer exist. At a loss
Expert:  Stuart J replied 13 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Is the property on the market yet?

Expert:  Stuart J replied 13 days ago.

Lost title deeds is not an uncommon problem

The first thing to do is to check if the property is registered.  If it is registered, then all you need is the land registry title because any other deeds are of historic interest only although sometimes they make contain the odd guarantee or suchlike.

You can get the title deed and the plan quickly and easily by using this link:

https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

and you will have to pay 3 pounds for the title deed and 3 pounds for the plan.  You may not need the plan.

You will then have them in minutes if not seconds.

If it is not registered at the land registry thn it needs to be registered.

The deeds could be with a solicitor or they could be with an existing lender (even if the mortgage has been paid off) or they may just be around the house.  Indeed, they could have been lost!

If title deeds of an unregistered property cannot be found then it’s a case of registering a first registration with lost title deeds.

That is not a job for the fainthearted but possible.

It’s not unknown for unregistered title deeds to get lost, and for that reason, the land registry have produced this practice guide:

https://www.gov.uk/government/publications/first-registration-of-title-where-deeds-have-been-lost-or-destroyed/practice-guide-2-first-registration-of-title-if-deeds-are-lost-or-destroyed

And here is an article on the subject:

https://www.inbrief.co.uk/property-law/lost-title-deeds/

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards