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F E Smith
F E Smith, Advocate
Category: Property Law
Satisfied Customers: 17587
Experience:  I have been practising for 30 years.
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I have a mortgage but I have the original deeds for the

Customer Question

I have a mortgage but I have the original deeds for the property shouldn't the mortgage company have them?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No I am preparing for a divorce and have discovered I have them and I have been advised I legally own the house by having these even though I have a mortgage??
JA: Where is the house located?
Customer: in west london
JA: Anything else you want the Lawyer to know before I connect you?
Customer: If husband goes bankrupt with his LTD company can they come after the house, in terms of outstanding tax he owes
Submitted: 17 days ago.
Category: Property Law
Expert:  F E Smith replied 17 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

for background -

how long have you been together and married in total?

in who's name(s) is the mortgage? who pays?

are you absolutely they are the originals?

when did you take out mortgage? who is mortgage with?

Customer: replied 17 days ago.
Thank you that’s great. Been together around 17yrs married March 2011
Customer: replied 17 days ago.
Only in my name as my husband is still on his ex with their old house
Customer: replied 17 days ago.
He generally pays each month as he is the bread winner
Customer: replied 17 days ago.
Tool mortgage out 2011 with Santander
Customer: replied 17 days ago.
Pretty sure they are the originals
Expert:  F E Smith replied 17 days ago.

If the property is registered at the land registry, then the preregistration title deeds are of interest only. They are of no inherent value.

Lenders dematerialised preregistration title deeds and no longer held them, many years ago. They finally realised that once the property is registered the preregistration deeds are of no interest.

If the property is not registered at the land registry, and the deeds are in your sole name, it doesn’t make any difference to the financial claim of a divorcing spouse. It is exactly the same.

There may be a personal liability attach to a limited company although it depends whether there is any personal guarantee anywhere.

The revenue are merciless when it comes to bankrupting someone.

They can potentially try to force a sale of the marital home whether they would succeed would depend on the equity in the property after the mortgage has been repaid, whether there are any children under 18, and whether there is a spouse with a financial/beneficial interest (which there would be if it’s the matrimonial home).

A non-owning spouse needs to immediately register a Matrimonial Home Right Notice against the property.

It will stop the other spouse spouse selling or remortgaging the property.

The form to send to the land registry is here:

https://www.gov.uk/government/publications/notice-of-home-rights-registration-hr1

the owning spouse spouse will get notice of the application but cannot do anything about it if this is the matrimonial home.

The application is free.

It is the matrimonial home and it doesn’t matter whether it’s in one sole name or the other sole name or joint names, each spouse has the same financial interest in it.

The name on the deeds is irrelevant if the couple are married. It may not necessarily be 50-50 because that depends on a whole variety of different facts such is the needs of the parties, the length of the marriage, needs of children et cetera.

If the property is not registered at the land registry then it’s necessary to register a caution against first registration to protect the wife’s interest.

I would start by finding out whether the property is registered.

If you don’t know, 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 will then have them in minutes if not seconds.

Just because it may not be on the system doesn’t necessarily mean that it is not registered.

If the property has no address or comes up as unregistered you can do a search of the index map at the land registry using land registry form SIM which is here.

http://www.landregistry.gov.uk/_media/downloads/forms/SIM.pdf

The last time I did one (last week!) the fee was 4 pounds.

You are going to need to attach a large-scale plan based upon the ordnance survey with the area that you are enquiring about edged in red. A plan from Google Earth is not sufficient but if you get the deeds of an adjoining property you can probably use the plan from those deeds (the plan is 3 pounds) and highlight the area you are enquiring about in red.

If you haven’t got a large-scale plan sufficient to identify the area, what I normally do is get the land registry plan of the closest registered property and then photocopy that and mark the area I am enquiring about. The land registry can never say that their own plan is not sufficient!

When you get the result of the SIM back it will give you a title number of the property you are enquiring about and you can then get the deeds using the link I posted earlier up this last message.

If the property is not registered at the land registry there is absolutely no way you can find out who owns it if no one knows or no one has any knowledge or no one knows where the deeds are. Very often, deeds get lost and people die and simply gets forgotten about.

If you took out a mortgage in 2011, I can tell you now that the property will be registered because registration has been compulsory all across the country since about 1998.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.