Re-Mortgage Deed of Trust Removal Issue

Florrie_Fimble

Good evening

We have a simple remortgage being held up by the records at our bank. They say that a historic deed of trust shows as still in place when this was in fact removed 4 years ago with the relevant forms etc.

I have just paid £3 to download my documents from the Land Registry and as expected it no longer shows the charge against the property (deposit loan from parent, later turned into wedding gift some years later). However, we have an underwriter saying we need to have it confirmed by a solicitors letter? I'm somewhat confused by this - can't I just pay £7 and obtain an Official Copy of the Title Register. If it's suitable for use in court then surely that is proof enough? How is a solicitor letter going to differ in any way.

The bank were told at the time the deed was removed but seem to have filed this information in the round bin. Advice would be appreciated - how on earth do you get your bank to look at up-to-date information?

Thrugelmir

The removal of the charge. Doesn't in itself mean that the Deed of Trust doesn't exist. The parties concerned in the Deed are connected therefore could work in concert to the lenders detriment. A solicitor gives the lender the comfort that they require and in effect underwrites the lenders position.

Florrie_Fimble

So would we be best served by all involved going to a solicitors office and having a letter drawn up stating something specific that would satisfy the bank?

It seems so odd you can fill in the right forms etc and it's still not adequate.

Thrugelmir

Florrie_Fimble wrote: »

It seems so odd you can fill in the right forms etc and it's still not adequate.

All that's disappeared is the charge on the property. Nothing else.

From an outsiders view at least.

Look at the situation from the lenders point of view. After all they are potentially going to lend you thousands of pounds. And people do commit acts to defraud lenders.

Don't take it personally. It's procedure.

Florrie_Fimble

Thank you for explaining the bank's view, that at least is understandable.

When we had the deed removed we did it with the help of a conveyancing solicitor who sent us the right forms and told us and the parents what to sign etc. I want to make sure we don't miss a step this time so are you able to advise what we should now approach a solicitor for that would satisfy the bank? I'm not sure engaging the same chap is going to be possible (I think he may be retired). I really appreciate the advice.