Why do I need a Solicitor for repaying a mortgage?

Sinbad

My mortgage is about to come to an end and I have received a letter from Santander informing me that as part of the process, I will need to “appoint a solicitor to handle the legal requirement”.

I’m curious as to what legal requirements I need a solicitor for. Whilst I realise that they hold the deeds to the house, is it really that complicated to get them assigned to me?

Secondly, they tell me they can find a solicitor for me. Do I take up this offer or find one myself? I have not used a solicitor for many years so I would have to hunt around for one.

Thanks

Meeper

The alternative is - don't use a solicitor. If you don't, Santander will always hold first legal charge over your property and the land registry information will always show them as the beneficial owners.

It's in your interests to do this, not theirs.

TonyMMM

I paid off my mortgage early with the Nationwide last year, and there was no need for a solicitor. A few weeks after I made the payment, they wrote to confirm their charge on the property had been removed, and that was followed by an envelope with the property deeds.

Meeper

Nationwide may have an in-house legal team who do this for them, Santander may not.

Lenders all act differently and whilst I don't know Santander's reasoning exactly, I can only assume this is the case.

bebewoo

Exactly the same experience as TonyMMM when I paid off my C&G mortgage, no solicitor required.
Santander can't do anything simply can they?

hansi

When I paid off my mortgage with Britannia last year, no one even mentioned geting a solicitor. As soon as my cheque cleared, I received a letter from the Land Registry saying there was no charge over the property. I think that Santander are trying it on, but then again, we are talking about Santander:mad:. Enough said!

hansi

Meeper wrote: »

The alternative is - don't use a solicitor. If you don't, Santander will always hold first legal charge over your property and the land registry information will always show them as the beneficial owners.

It's in your interests to do this, not theirs.

How can they hold a charge over the property if you have paid the mortgage off?

LilacPixie

A&L wrote to my parents a few weeks after endowment cleared there mortgage confirming charge cleared and enclosing the deeds but that was 2 years ago.. no need for solicitor then

GMS

A chargeholder needs to discharge their interest in the property by lodging a DS1 form (I think this is the name of it) to the Land Registry.

Once the mortgage has been repaid then the Land Regisrty would remove the chergeholder on receipt of the form. Should not really need a solicitor but for the sake of making sure it is all done it may well be worthwhile. After all if it is not removed and refinancing is needed or a death occurs it could make things difficult proving the repayment of the charge and having it removed.

property.advert

GMS wrote: »

A chargeholder needs to discharge their interest in the property by lodging a DS1 form (I think this is the name of it) to the Land Registry.

Once the mortgage has been repaid then the Land Regisrty would remove the chergeholder on receipt of the form. Should not really need a solicitor but for the sake of making sure it is all done it may well be worthwhile. After all if it is not removed and refinancing is needed or a death occurs it could make things difficult proving the repayment of the charge and having it removed.

Then you would simply sue the incompetent charge holder. They only have a right to place a charge on your property whilst you owe them money. In fact, if they don't quickly remove the charge, my guess is that you could sue for non performance.

GMS

Possibly. Not a subject I know a great deal about but I am sure somebody with a greater understanding will come along soon.