PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Title Deeds

Hi
I have received the Title Deeds for my home from Santander via the lawyer who handled the conveyancing for the home I live in however I have 12 years remaining on my mortgage
I've been with A&L now Santander for many years, is it usual for a building society to give Title Deeds to their clients before a property is paid off?
Also is a lawyer the safest place to store Title Deeds? I reckon that the Deeds would be quite expensive to replace should they be damaged or destroyed by fire or flood etc so I'm not comfortable storing them in the house.
Thanks

Comments

  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    12 years remaining with which lender?

    Why isn't the lender retaining them until your mortgage is fully discharged?
  • Jeff121
    Jeff121 Posts: 430 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    I have 12 years remaining with Santander
  • Jeff121
    Jeff121 Posts: 430 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    I have been with A&L (Now Santander) since day 1, been in this house 3 years and now out of the blue the lawyer forwarded the Title Deeds with a note from Santander to pass them on to me, I wondered if Santander had a different way of working?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 9 October 2010 at 12:14PM
    It is strange that they have done this, but of course the Title Deeds you've been sent have little legal meaning.

    I assume you bought your property 13 years ago (25 - 12) so the title would have been registered with the Land Registry. That is where ownership of the property is recoded.

    In the old days before the LR existed, the physical, paper Title Deeds were what proved ownership of property, so were of great importance. Nowadays they simply show how ownership is recorded at the Land registry.

    There may, of course, be other documents along with the Title Deeds, old conveyances, leases etc. Some of these may have historical interest, some may even have legal significance, although again most conveyances which have legal significance and which are referred to by the Title Deeds would also be recorded at the LR.

    As I said, it is strange Santander has decided to send these to you, but it changes nothing. The LR will still show you as the owner, and will also show Santander (A&L) as having a Charge (mortgage) on the property. It would do no harm to call Santander and ask though.
  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    My lender retained them until I paid the mortgage off. I thought all lenders did the same.

    Time to ask Santander, not us.
  • Jeff121
    Jeff121 Posts: 430 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Hi G_M
    Thanks for your reply.
    I bought the property in 2007 although have been with A&L (now Santander) since 1989. Originally on an Endowment Mortgage but since 3 years ago on Repayment and with 12 years remaining.
    Covering Letter from Lawyer reads

    "Purchase of Property
    I refer to the above and now have pleasure in enclosing the Land and Charge Certificates Numbers LAN.......... together with the NHBC documentation for your retention. Your lender Alliance & Leicester plc, did previously request that we forward the Title Deeds to them however as you will see from the enclosed letter, they now wish us to forward these to you for safekeeping,"

    G_M You mentioned possible historical interest however the house is a new build so there's no history to the property.

    I think that storing the deeds at a reputable lawyer maybe my best course of action as I don't like the responsibility of taking care of them.
    Thanks for your comments.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I think that storing the deeds at a reputable lawyer maybe my best course of action as I don't like the responsibility of taking care of them.


    No harm in this, but as I said it is the registration at the LR that matters. If you lost the Title Deeds, you could get replacement 'Office Copies' from the LR for a small fee. Though in fact there would be no need to do so as you don't need them!

    If/when you come to sell, your buyer (or his solicitor) will apply to the LR to check you genuinely own the property and can sell it - whether you hold copies yourself is irrelevant.

    The NHBC documentation is important - if you needed to make a claim you'd need these.
  • G_M You mentioned possible historical interest however the house is a new build so there's no history to the property.

    OK but there could be lots of photocopies of planning permissions and various agreements with the Council and the Water Company and so on. This all may look rubbish but can be quite important. Actual proof of legal ownership is kept electronically at the Land Registry but these other documents that could be very important when you come to sell - so keep them safely.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 349.9K Banking & Borrowing
  • 252.6K Reduce Debt & Boost Income
  • 453K Spending & Discounts
  • 242.8K Work, Benefits & Business
  • 619.6K Mortgages, Homes & Bills
  • 176.4K Life & Family
  • 255.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.