Deeds & Morgage payments

Shezz

Hi

My sister's ex has not long remorgaged his house for the 3rd time with the same bank so owes quite a bit on it. In error the bank have sent to him the deeds to the house, he seems to think that as he now has the the deeds that he can transfer them into someone else's name, (his sons), I disagree and have said that the house still really belongs to the bank, he will still have to pay the money owed to the bank and transfering the deeds to his son's name is or could be breaking some kind of law.

I do not know if I am right or wrong and would appreciate if someone could let me know.

thank you

DVardysShadow

It is all recorded at the Land Registry. So let him try. He won't get very far.

GMS

Deeds are registered electronically with Land Registry.

If he tried to do anything with the property he would need to clear the charge with the lender, or have them agree to transfer it.

CLAPTON

anyone can get the 'deeds' of any house; just costs £4 at the land registry
you can do it online too

opinions4u

The packet of physical title deeds is a historical artefact. Nothing more. Interesting to flick through. Whoever holds the packet can do nothing with it.

The ownership of the property is recorded electronically by the Land Registry. Your sister's ex will show as the owner of the property as that's what he is. The records will also show the mortgage lender as having a charge on the property.

This means that no change to the ownership of the property can take place without the agreement of the current owner, the mortgage lender and also the involvement of a solicitor (or licences conveyancer).

VALM

Since 1999 all the Title Information Document (the main deed specifying covenants and rights relating to a property) has been held electronically by the Land Registry. Lenders do not require full packets of deeds anymore - as someone else has said they are historical artefacts, nothing more - they only want to see the TID to note that their interest has been registered. Any "old" Conveyances/Transfers relating to the property will also have been scanned and saved electronically under the property's specific Title Number at the Land Registry.

It is the Conveyancing Protocol for a Seller's Lawyer to produce a Title Information Document that is less than 6 months old at the time that the property is sold/transferred.

Mind you, you have not mentioned whether your sister is still a part owner of the property. If she is not (and it seems to me that you infer that she is not a party to the new mortgage), then her ex husband can do what he wishes with the property subject to redeeming the mortgage first. HTH