Can anyone help with this....

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My husband has recently died and our mortgage protection has paid out, I now have the cheque with which to pay the mortgage, when I informed the mortgage company (NRAM formly known as Northern Rock) and they have told me to contact land registry to have it all changed to my name, what I am wondering is does it matter if I pay mortgage off having not had confimation of the change logged with land registry yet?

I was just unsure if there are any legalities with this.

Any help appreciated.

Comments

  • herbiesjp
    herbiesjp Posts: 8,499 Forumite
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    Get in contact with a solicitor, and they will sort out clearing the mortgage and the land registry.

    Sorry to hear about your loss.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • Mrs_Z
    Mrs_Z Posts: 1,105 Forumite
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    First of all, I'm sorry to hear about your loss.

    Do you mean the cheque has been issued by the insurance company directly to the NRAM - ie. that they would pay them directly? I guess it would be good to keep the paperwork in order and change the land registry details to your name, but I would imagine that there is a charge for this. Why don't you contact the Land Registry and enquire? If the change is needed by your lenders, then shouldn't the insurance company cover this as well?
  • DVardysShadow
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    Sorry for your loss.

    2 almost separate issues. The house is owned between you and your late husband's estate on whatever the basis was when he was alive. The mortgage is a 'charge' on the property which means that it cannot be sold unless the mortgage is redeemed. But in this case I think that any transfer can go ahead regardless of the mortgage - and if you were 'joint tenants' as opposed to 'tenants in common', the transfer is just a formality. Just pay off the mortgage ASAP so as not to rack up interest. Of course if you have other debts, it may be better to pay those off and keep the mortgage...
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  • SmlSave
    SmlSave Posts: 4,911 Forumite
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    Hi twoflower

    You can just write to the Land Registry with a copy a your husband's Death Certificate and ask them to update the records. They shoud not charge for this.

    If the mortgage company are basically saying they won't accept your cheque until your solely own the property then I would get it done asap.

    If they will accept you paying off the mortgage - then go ahead

    You can do this without a solicitor :) When you pay the mortgage off the company will either remove the charge from the Land Registry themselves or send you either a letter/document (normally a DS1 or END1) to send to the Land Registry to do it yourself.

    Hopes this helps!
    Currently studying for a Diploma - wish me luck :)

    Phase 1 - Emergency Fund - Complete :j
    Phase 2 - £20,000 Mortgage Fund - Underway
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