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House deeds/documents

I have a mortgage with Santander, a few days ago they sent all the deeds and documents relating to my property back to us and said that legally they no longer need to be held by the bank. I was completely shocked at this, they were returned through normal 1st class post with no signature required.

So I suppose my query is this, is this normal practice? Also what are the implications for reselling etc (not that I am putting my house on the market) I was just interested to know.

Thank you.
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Comments

  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    There are no implications. The deeds and documents are just of historical value*. The legal Title register is held at the land registry. If you log onto the land registry website and input your address, you will see that the details are available there. If you come to sell, or remortgage, the solicitor will obtain the 'deeds' from the land registry.

    * The exception to this, is if the land is leasehold, and the lender has returned the lease. You must keep that safe, as you will need it when you come to sell.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • kingstreet
    kingstreet Posts: 39,351 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    There may be some documentation in the pack of value, such as guarantees or invoices for work done with long insurance-backed guarantees, such as damp course, or timber treatment.

    However, as LD says, the actual deeds to the property are stored electronically once registered at the LandReg and a future transfer takes place with a simple form or two.
    I am a mortgage broker. 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. Please do not send PMs asking for one-to-one-advice, or representation.
  • cabbage
    cabbage Posts: 1,177 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    there might be docs referred to in the deeds such as earlier transfers that you might need to supply upon selling. Might something like ... and all the covenants contained in the transfer deed dated 31.10.95. You would then need to pay to get a copy of this from the land registry but if its in your bundle then that's a cost saved. Seems a bit mad to send in the normal post if this is the case.
    The Cabbage
    Its Advice - Take it or Leave it:D
  • Zero_Sum
    Zero_Sum Posts: 1,567 Forumite
    Its suprising they didn't try to charge you. Halifax wanted £100 or else they'd be destroyed. If I then wanted a copy I could get one from the LR for about £20.
  • Oli.s
    Oli.s Posts: 548 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Mine are held free of charge by the solicitor who did our conveyancing.

    I say free of charge, presumably this cost was factored into his fee at the time.
  • opinions4u
    opinions4u Posts: 19,411 Forumite
    edited 19 November 2012 at 6:40AM
    Oli.s wrote: »
    Mine are held free of charge by the solicitor who did our conveyancing.

    I say free of charge, presumably this cost was factored into his fee at the time.
    or potential probate income when you croak!
  • Oli.s
    Oli.s Posts: 548 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    I'm only 30! I'm hoping to have moved at least once more before I snuff it! Lol
  • Zero_Sum wrote: »
    Its suprising they didn't try to charge you. Halifax wanted £100 or else they'd be destroyed. If I then wanted a copy I could get one from the LR for about £20.

    Wow really? I will think myself lucky then! Thanks :D
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    cabbage wrote: »
    there might be docs referred to in the deeds such as earlier transfers that you might need to supply upon selling. Might something like ... and all the covenants contained in the transfer deed dated 31.10.95. You would then need to pay to get a copy of this from the land registry but if its in your bundle then that's a cost saved. Seems a bit mad to send in the normal post if this is the case.

    It doesn't work like that. Once the paperwork is registered with the land registry, that is the ONLY record that the solicitors can use (otherwise they are not covered by the guarantee if there is an error on the file).
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Flat_Eric
    Flat_Eric Posts: 4,068 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    cabbage wrote: »
    there might be docs referred to in the deeds such as earlier transfers that you might need to supply upon selling. Might something like ... and all the covenants contained in the transfer deed dated 31.10.95. You would then need to pay to get a copy of this from the land registry but if its in your bundle then that's a cost saved. Seems a bit mad to send in the normal post if this is the case.
    It doesn't work like that. Once the paperwork is registered with the land registry, that is the ONLY record that the solicitors can use (otherwise they are not covered by the guarantee if there is an error on the file).

    Keep your documents safe as they will be needed when you decide to sell. Its fortunate your lender has returned them to you - often they get destroyed. The Land Registry keep a computer record which in effect condenses all the relevant information but this won't include guarantees and old Transfers/Conveyances.

    The Land Registry can be approached for copies but it will cost money and if you hold originals, it seems silly to obtain a certified copy from the LR to be passed on to your buyer meaning expenditure for you although given Lazy Daisy's post, it may be what you will need to do but historical interest alone means you should keep hold of them :o
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