Advice needed - Lost Title Deeds

mackemprincess

Hya

I was wondering if anyone has been in the same situation as my OH and myself are in currently in or if anyone could offer any advice.

Back in October we started proceedings to re-mortgage as the current lenders tie in was due to cease at end of the month. So we got a new deal with a different lender which was due to start on 1st November which didn't happen and this was down to the new lender not getting the title deeds from the current lender. I phoned the current lender to get the deeds off them but they insisted they had never seen the deeds and they were still in the hands of the solicitors who had lost them. The new lender refused to start the new mortgage without seeing the deeds.

We are currently paying out loads more than anticipated more than we can cope with due to this oversight of the solicitor who have since confirmed they have lost the deeds and the reason they kept them was because the property needed to be registered.

We had an appointment with the solicitor today but they cancelled when we arrived (after having to take an hour off work to make the appointment which is annoying) think they are avoiding us. They did give us a letter saying any costs incurred will be compensated but in the meantime this doesn't help us at all. I was intending on asking or demanding the solicitor to pay all mortgage and counil tax payments until matter was resolved but obviously never got the chance.

Please does anyone have any ideas as we don't know how much longer this is going to go on.

Hippychick

Has the property now been registered? You can find out by enquiring of HM Land Registry who should be able to advise of a title number.

If its not registered I would go and see a different solicitor asap, get them to ascertain why it was not registered by your solicitors and take action against them immediately. If your solicitors did not register the property and have lost the deeds this could cause problems if you want to sell etc. (Sorry didn't mean to scare you) You can register properties without the original pre registration title deeds however it will only obtain possessory title (essentially squatters rights)

If however it has already been registered then your lender should be able to download the title deeds from HM Land Registrys website.

mackemprincess

No it hasn't been registered. We have seen another solicitor and they won't take on the case because its already in the hands of a solicitor. I do know them losing the deeds is a major major major issue...don't see why we the ones suffering when its not our fault. This is why we are stuck with where to turn to next....

Basically what I gather from the other solicitor we saw is that they don't like fending off each other in other words we stand no chance.......as we can't legally fight this ourselves.

Hippychick

I'm not sure what to suggest if another solicitor won't take it on.

I would maybe insist on seeing your old solicitor get them to try and register the property asap (surely they must at least have photocopies they can try and use) see what the outcome is, if you only get possessory title I am sure you may be able to try and sue them for negligence.

Threaten to report them to the law society if they fail to meet with you and explain why it has not been registered. I am sure you current mortgage lender would also want to take action against them.

All i can say is good luck I hope a solution can be found.

mackemprincess

Thank you Hippychick for responding think I will go to the Law society and say what they have to say.

eira

The Land Registry are very helpful and can route you to someone who might help. I have a piece of unregistered land at the bottom of my garden (another solicitor error) and they helped me with that issue. I have found that a number of these agencies eg the Registry/ the Inland Revenue/the local courts are a tremendous resource. Because they actually process the documents they often know far more than anyone else. they don't give out advice but they can point you in the right direction and it is amazing how much you can do quickly, cheaply and accurately yourself.

markdirect

A friend of mine is really getting stressed out as she thinks she is unable to get her endowment policy released by the bank (originally held as a security when she took out her endowment mortgage in 1988 about 18 years ago.

Having been through some hard times and unable to work through part disability she recently started a small business and (about 9 months trading) is doing ok, but needs to restructure her fianances .

Current Position

Mortgage £46k paying £214 pm interest only.
Bank hold endowment as security on this.
Self Employed < 1 year .
She can self Certify 15k per year
Rate svr 5.6% likely to go up soon
Pays £70 pm towards endowment on top

Position Sort

1 Get Endowement security released. Sell for £25k (have buyer) or hold

2 Change mortgage so on fixed interest rate for 5 year at < 6% (all costs)

3 Change mortgage so can pay off max possible over 5 years
on an increased realistic £350 per month payment plan (max)

Offset interest on Capital from endowment 6% on £25k = £125pm
against interest on mortgage due 6% on £46k = £230pm

Hence balance of interest to pay = £105pm . If £350 paid pm then now £245 going towards repaying mortgage.

After 5 years approx 14.7k paid on mortgage, without compounding and still have £25k in cash. Also have £70 per month payments on endowement now saved to invest approx 4.2k.

Can anybody advise on this. as currently she has to continue paying interest on mortgage and will still owe 46k in 5 years and paid 13.8k in interest. The bank isn't playing ball or helping regarding how this can be done . Well not in its interest?

Please help or advise route to action

Adel

I have been in battle with Kensington Mortgage company for 4 weeks now as they have lost all the documents and deeds relating to the history of my house. They would not admit they had lost them untill I kept complaining. Kensington Mortgage company have been dreadful to deal with.

Kensington Mortgage company have refused to do anything about the lost deeds except to offer pitiful £50. I have told them I have spent £15 in faxes and phonecalls already to them.

It seems many times that I have contacted Kensington Mortgage Company that they give out false or inaccurate information telling me a different story each time have rung them. They basically sent out my deeds by recorded delivery and claimed it was a safe way to send them! I would have thought a Mortgage Company would use DX which most banks and building societies use. Recorded delivery is only trackable but does not provide compensation.

I think Kensington Mortgage company have been negligent as they have failed to take care of my deeds. After about 8 phonecalls and numerous faxes to Kensington they have told me this is their final offer and will not budge. I am appalled at their shoddy service and lack of care of my deeds. The deeds include a pile of documents 1 inch thick relating to land, covenants, light, air restrictions, and previous land ownership.

Kensington Mortgage Company have replaced the title deeds but there are many other documents which the land registry do not keep which Kensington Mortgage company have lost. Does anyone have any advice on how much compensation I should ask the Financial Ombudson to try and claim for me?

I do not recommend Kensington Mortgage company to anyone. When I first took out my mortgage with them they delayed my purchase by sending out about 5 wrong mortgage offers. This meant I was paying more rent where I lived at the time. On that occasion Kensington Mortgage Company completely ignored my letter of complaint and when they did they offered me nothing.

Finanlly Kensington Mortgage Company have increased my MEAF Mortgage redemption exit figure from £100 to £145 in the space of 4 years. They believe a £45 increase is fair in 4 years to cover staffing, annual salary increases, recruitment selection, third party administrators, increased monitoring and recovery of overheads.

I fail to see how Kensington Mortgage company can justify charging me an increase of nearly 50% for the above items when none of this actually relates to my mortgage being redeemed.

Can anyone tell me whether they have had any poor dealings with Kensington Mortgage company or a Mortgage company who they are having similar problems with?

My advice from personal experience is not to get a Mortgage with Kensington Mortgage company!

PasturesNew

You really wanted the number one spot in google for Kensington Mortgage company didn't you.

Possibly above any slot that Kensington Mortgage Company would have managed to achieve themselves even.

Kensington Mortgage Company will probably be miffed that if anybody is going online to search for Kensington Mortgage Company information that your posting will probably come above their legitimate site for Kensington Mortgage Company.

mackemprincess

If your still not sorted you should go to the legal complaints services. Thats who we went to and it got sorted out rather quickly. Including compensation we were entitled to.

Adel

Hi Pandora
I have tried and tried with Kensington Mortgage Company to no avail. They have sent me their final offer of £50 to compensate me for the whole pile of deeds lost. It has cost me £15 in faxes and phonecalls to Kensington Mortgage Company and my solicitor. Kensington Mortgage Company also increased my MEAF fee from £100 to £145. In view of the fact that they lost my deeds in the process of redeeminbg my mortgage I don't think they should even have a right to keep the MEAF fee I paid. I have referred my case to the Financial Ombudsman. My solicitor recommended asking the Ombudsman to pay me compensation for all the documents they lost in addition to an amount for an insurance premium to cover the documents lost in the event that they may be needed at some point. Kensington Mortgage Company have just washed their hands of me. It is absolutely disgraceful the way they treat their customers. At the end of the day, these deeds/documents are my property and ownership. Kensington say they are of no value to anyone in the future. This is out and out theft of my property and I have forwarded my claim on to the Financial Ombudsman. I will keep the forum posted on progress. Not only have Kenstington Mortgage Company lost my deeds and documents dating back to the 1900s they have increased the MEAF fee, refuse to compensate me for the lost documents and refuse to fund my MEAF fee or even a percentage of it even though they lost my deeds/documents which were my property in the process of the MEAF process! I am one unhappy EX Kensington Mortgage Company Customer!