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Who should keep original title deeds and house purchase files??

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Hi,

Hope someone can throw some light on this as I am utterly confussed !!!:confused:

First time owner here:o

After some chase, finally got a copy of my title deeds today.

Now the copy I got, is a flimsy copy, black and white. I payed £ 150 for it, so I know what we were sent is not the real deal.

Now also with this copy, i was sent a letter that explains that various important documents are being held by the solicitor, namely my files, searches I payed, etc. They say in the future, when i want to sell I should provide a HIP and they can help with that info.

I am in all honesty incensed because i feel like obliged to use them again, with this documents withholding...

My questions are:

Can they keep the original title deeds and my original files?? I payed for all those, and I thought they were returned to me when the sale was completed...

Please let me know before I lstrangle my solicitor !!!:eek:

Just kidding:p thanks for your help

Comments

  • Xaviera
    Xaviera Posts: 286 Forumite
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    The lender usually keeps the title deeds til the mortgage is paid up. They keep them in a safe place because if your house sets on fire and the places goes up what would you do?! :(

    I hadn't heard of solicitors keeping them before!
  • AdrianW2
    AdrianW2 Posts: 416 Forumite
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    Do deeds exist as such anymore, isn't it all just an entry on a computer at the land registry?

    FWIW our solicitor hasn't sent us anything, despite me asking over a month ago.
  • duncan303
    duncan303 Posts: 305 Forumite
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    tenke wrote: »
    Hi,

    Can they keep the original title deeds


    do you mean the epitome of title or Land Certificate. ie was the property pre-registered before your purchase.

    In which case there is a microfiche of all documents in the epitome held by the land registry to which they may refer. The new owner upon first registration is then sent back the new certificate(or copy) and the epitome bundle.

    It is not uncommon for an owner or subsequent owner to permanently keep the original epitome of title, in which case all you get is a certified copy of the certificate(if you have a mortgage) or the certificate itself if you own the property outright.

    The original conveyances etc may well have gone walkies a long time ago especially when you consider you only have to prove 15 years(from memory) root of title to satisfy the land registry.

    So, first things first, when was first registration?

    ___
  • Jonbvn
    Jonbvn Posts: 5,562 Forumite
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    edited 1 July 2009 at 4:40PM
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    duncan303 wrote: »
    In which case there is a microfiche of all documents in the epitome held by the land registry
    :rotfl:

    Maybe 20-years ago, but not anymore. Everything is in electronic format.
    http://www.landregistry.gov.uk/wps/portal/Property_Search

    You can download your deeds for GBP3 from the land registry website. The only official/legal deeds are always held by LR and everyone else has copies.
    In case you hadn't already worked it out - the entire global financial system is predicated on the assumption that you're an idiot:cool:
  • duncan303
    duncan303 Posts: 305 Forumite
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    Jonbvn wrote: »
    :rotfl:

    Maybe 20-years ago, but not anymore. Everything is in electronic format.

    Laugh you not, of course we all know they are digitised today, but how do you suggest they were done at the beginning in 1925.

    Do you have evidence that the whole back catalogue has been digitised now. I would be interested to know.


    Everything is therefore a copy, thats what a registry is about, a list. A certificate is just a certified copy of what the register contains.... No? They do not even send out ribboned and watermarked certificates anymore, or do they?

    The Op I suggest was maybe after some earlier conveyances, requisitions etc. and he is only going to get these ORIGINALS if all previous proprietors and/or conveyancer/solicitor/lender have been willing to release and pass them on.

    I know of conveyancing practices that have kept these redundent original documents simply for thier own local reference.


    ______
  • tenke
    tenke Posts: 186 Forumite
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    Hi,

    Thanks for all the replies :)

    I can make my peace with the title deeds then...

    But what about our house purchase file that the solicitor has in his hands, I mean the searches we paid, etc. Can he legally withhold them??

    He says that documentation can be used for them to make a Hip when we sell in the future... but for me it sounds as if they are obliging us to use them again when we decide to sell...

    I mean when I sell i want to use a cheap online hip !!! ;)
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
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    My solictors forwarded the entire file when I bought my flat in 2004, including whatever title deeds existed as I don't have a mortgage. Mind you they were sent second class post not recorded, to the wrong address and then left outside the front door of a vacant flat by the postie! Not my happiest moment. :rolleyes:
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • alisonp_2
    alisonp_2 Posts: 36 Forumite
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    tenke wrote: »
    Hi,

    Hope someone can throw some light on this as I am utterly confussed !!!:confused:

    First time owner here:o

    After some chase, finally got a copy of my title deeds today.

    Now the copy I got, is a flimsy copy, black and white. I payed £ 150 for it, so I know what we were sent is not the real deal.

    Now also with this copy, i was sent a letter that explains that various important documents are being held by the solicitor, namely my files, searches I payed, etc. They say in the future, when i want to sell I should provide a HIP and they can help with that info.

    I am in all honesty incensed because i feel like obliged to use them again, with this documents withholding...

    My questions are:

    Can they keep the original title deeds and my original files?? I payed for all those, and I thought they were returned to me when the sale was completed...

    Please let me know before I lstrangle my solicitor !!!:eek:

    Just kidding:p thanks for your help

    You are entitled to all the Searches that you paid for together with all pre-registration deeds and documents that your solicitor might have been sent by the Seller's solicitors.

    For them to keep your file, you must provide your authority. If you request your file they will have to make a copy of it for their own records.

    The "flimsy" black and white copy you have received is the Land Registry document. Your ownership of the property is now recorded electronically at the Land Registry and is all the solicitor will have received following registration of the property in your name

    You should ask for any pre-registration deeds as when you sell your property,if your title document refers to old documents, your buyer's solicitors will ask for copies. If you dont have them, this will cost you (at today's rates) £5/10 for each copy, depending on the length of the document.
  • tenke
    tenke Posts: 186 Forumite
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    alisonp wrote: »
    You are entitled to all the Searches that you paid for together with all pre-registration deeds and documents that your solicitor might have been sent by the Seller's solicitors.

    For them to keep your file, you must provide your authority. If you request your file they will have to make a copy of it for their own records.

    The "flimsy" black and white copy you have received is the Land Registry document. Your ownership of the property is now recorded electronically at the Land Registry and is all the solicitor will have received following registration of the property in your name

    You should ask for any pre-registration deeds as when you sell your property,if your title document refers to old documents, your buyer's solicitors will ask for copies. If you dont have them, this will cost you (at today's rates) £5/10 for each copy, depending on the length of the document.

    Thanks Alison,

    That is how I thought about it as well ;)

    I will request my file on writing and see how it goes :cool:

    Thanks for your time to answer my question :)
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