Loan Mortgage Deed Signatures not witnessed, help

alfiemac

Hi All,

I took out a secured loan in April 2005, and missed a couple of payments and now have thankfully caught up to date with them, London personal loans now capstone mortgages informed me i would be charged 116 pounds per month for the duration i was in arrears.


Whilst i was checking my terms and conditions for verification of this i came across my London personal loans mortgage deed signed by myself and my wife.

The name of the witness (the broker doing the agreements),was also present on the deed form, but there was no witness signature from him, next to either of our signatures to authenticate our signatures, nor any date or agreement number on the mortgage deed form, i have the carbon copy.

The questions i need to know is although the loan agreements were signed correctly.

1) Can a broker witness signatures as he does not personally know us, or known us for at least one year.

2) As our signatures were not witnessed correctly on the mortgage deeds, have Capstone any charge on my property if i fall into arrears whilst i am still paying the loan???

3) If not how can i have a secured loan on my property with incorrect paperwork.

4) After paying the 4 pound to check my Land registry file i find they do indeed have a interest in my property, can this be so without the deeds signed correctly.

Any help would be greatly appreciated

Thank you
Alf

clutton_2

these errors would, more than likely, be called de minimis, if it ever got to court and the judge would more than likely throw out your attempt to not repay your loan - ie a nitpicking bit of nonsense.....

DVardysShadow

alfiemac wrote: »

Hi All,

I took out a secured loan in April 2005, and missed a couple of payments and now have thankfully caught up to date with them, London personal loans now capstone mortgages informed me i would be charged 116 pounds per month for the duration i was in arrears.


Whilst i was checking my terms and conditions for verification of this i came across my London personal loans mortgage deed signed by myself and my wife.

The name of the witness (the broker doing the agreements),was also present on the deed form, but there was no witness signature from him, next to either of our signatures to authenticate our signatures, nor any date or agreement number on the mortgage deed form, i have the carbon copy.

The questions i need to know is although the loan agreements were signed correctly.

1) Can a broker witness signatures as he does not personally know us, or known us for at least one year.

2) As our signatures were not witnessed correctly on the mortgage deeds, have Capstone any charge on my property if i fall into arrears whilst i am still paying the loan???

3) If not how can i have a secured loan on my property with incorrect paperwork.

4) After paying the 4 pound to check my Land registry file i find they do indeed have a interest in my property, can this be so without the deeds signed correctly.

Any help would be greatly appreciated

Thank you
Alf

It looks like the agreement was good enough for you when you trousered the money in the first place. And if you were suddenly entitled to a tax rebate on the strength of this agreement, I don't think you would be doubting it one little bit.

So if you want to pursue your argument, do be aware that the smell of hypocrisy may permeate the air.

G_M

No witness signature means an invalid deed.

Stop paying the mortgage payments, you've got yourself a free house!

Errrrrr.....