Wrong mortgage deed signed on completion- Advice Needed

SammieLou1992

Hi, We completed on our house a month and a half ago. I have received an email from my Solicitors (who were awful) saying:


Your lender, (name removed) has contacted us as unfortunately the wrong mortgage deed was signed on completion. This was due to the fact that they have recently changed their name to (name removed) trading as ((removed).

I therefore attach the correct Mortgage Deed. Will you please print this and sign this, having each of your signatures witnessed and return this document to me.


I am very concerned that such an important document was sent to us and signed when it was not legal. This is extremely unprofessional and I am unsure where we now stand- if the incorrect deed was signed, surely we are not liable to pay this back? They have still been taking our mortgage payments each month though!!

Ozzuk

Do you mean liable to pay the mortgage? Of course you are, otherwise what will you do if they ask for the money back!

the old company name is likely still legal, not a major thing IMO.

davidmcn

Your mortgage conditions probably include an obligation on you to sign such deeds if required by the lender. At the end of the day it makes no difference to you, so it's really not worthwhile being difficult about it.

antrobus

SammieLou1992 wrote: »

...I am very concerned that such an important document was sent to us and signed when it was not legal. This is extremely unprofessional and I am unsure where we now stand- if the incorrect deed was signed, surely we are not liable to pay this back? They have still been taking our mortgage payments each month though!!

The mortgage deed is the document that gives your lender the charge over the property. If the deed was invalid, the charge may well be invalid, but all that would mean was that your loan was unsecured. You would still owe the money.

tomtontom

SammieLou1992 wrote: »

Hi, We completed on our house a month and a half ago. I have received an email from my Solicitors (who were awful) saying:


Your lender, (name removed) has contacted us as unfortunately the wrong mortgage deed was signed on completion. This was due to the fact that they have recently changed their name to (name removed) trading as ((removed).

I therefore attach the correct Mortgage Deed. Will you please print this and sign this, having each of your signatures witnessed and return this document to me.


I am very concerned that such an important document was sent to us and signed when it was not legal. This is extremely unprofessional and I am unsure where we now stand- if the incorrect deed was signed, surely we are not liable to pay this back? They have still been taking our mortgage payments each month though!!

If you're not liable to pay it back then the bank will need to recall the money. You'd better start packing your bags, you're going to be homeless.

Or more sensibly, just sign the document and send it back.

tiger_eyes

SammieLou1992 wrote: »

I am very concerned that such an important document was sent to us and signed when it was not legal. This is extremely unprofessional and I am unsure where we now stand- if the incorrect deed was signed, surely we are not liable to pay this back? They have still been taking our mortgage payments each month though!!

There is absolutely zero chance that your entire mortgage debt will be written off over a minor paperwork mixup. If you want to get out of your mortgage, you'll need to repay the money, presumably from the proceeds of selling the house.

SammieLou1992

I don't want to get out of my mortgage, I wouldn't have taken a mortgage out with no intention of paying it - The point more so being, this is extremely unprofessional and I am concerned about signing any future documents from the company. I was therefore looking for advice on what I could do to rectify going forward.

SammieLou1992

tomtontom wrote: »

If you're not liable to pay it back then the bank will need to recall the money. You'd better start packing your bags, you're going to be homeless.

Or more sensibly, just sign the document and send it back.

I have been paying my mortgage so I am unsure why you have replied to say that I am not liable to pay it back - I just wanted advice regarding being concerned about signing another document and sending to such an unprofessional company

tomtontom

SammieLou1992 wrote: »

I don't want to get out of my mortgage, I wouldn't have taken a mortgage out with no intention of paying it - The point more so being, this is extremely unprofessional and I am concerned about signing any future documents from the company. I was therefore looking for advice on what I could do to rectify going forward.

What is it that you feel the need to "rectify going forward"?

You're making a big fuss over something very minor.

antrobus

SammieLou1992 wrote: »

I don't want to get out of my mortgage, I wouldn't have taken a mortgage out with no intention of paying it - The point more so being, this is extremely unprofessional and I am concerned about signing any future documents from the company. I was therefore looking for advice on what I could do to rectify going forward.

You rectify it by signing the new mortgage deed, and by selecting another firm of solicitors in future.

tomtontom

SammieLou1992 wrote: »

I have been paying my mortgage so I am unsure why you have replied to say that I am not liable to pay it back - I just wanted advice regarding being concerned about signing another document and sending to such an unprofessional company

You need to reread what I said - I was responding to your ridiculous suggestion that you are not liable to make repayments.