Wrong mortgage deed signed on completion- Advice Needed

Ozzuk

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 said: 'surely I'm not liable to pay it back'.

Just sign, no big deal at all.

If you want to waste some money then get a solicitor and ask them if you should be signing this document. They will tell you to sign it.

antrobus

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

Then why did you ask "surely we are not liable to pay this back?":)

antrobus

Ozzuk wrote: »

...If you want to waste some money then get a solicitor and ask them if you should be signing this document. They will tell you to sign it.

Presumably a different firm of solictors than the one's who bogged it up in the first place.

jamesd

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

They will continue to take the payments until, if ever, you default.

Your remedies include using a different mortgage company and solicitor next time around.

Meanwhile, sign the document reasonably expeditiously.

It's usual for conveyancing solicitors to be partly acting on behalf of the mortgage lender. It's unclear just who originally got this wrong but your solicitor might have a legal obligation to them if you default, on the basis of not ensuring while acting on their behalf that the correct documents were signed before the money was advanced.

However, you can be sure that if this ever was to matter, both the mortgage lender and the solicitor would rely on the decision in Bank of Scotland PLC v Waugh & others [2014] EWHC 2117 that the intent of the parties was clear and confirmed by their actions in both lending and making the mortgage payments. While the error in the borrower name meant that there was no legal charge there was still an equitable charge.

I suppose you could seek to have the charge removed by contacting the Land Registry. Before doing that, read Practice Guide 68 which covers this area. This would then set you up for substantial future legal costs as the lender seeks to get a court to rule that the charge is valid. That legal fight will also be started if it becomes evident that you do not intend to sign the replacement document.

AnotherJoe

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.

Well obviously signing the new documents will rectify this going forward, thats why they are asking you to do this!

Thrugelmir

SammieLou1992 wrote: »

I just wanted advice regarding being concerned about signing another document and sending to such an unprofessional company

Somebody sent out the wrong form. A genuine mistake. Are you perfect in your daily working life? I'm sure you'd get upset if you were subject to a torrent of unnecessary criticism. Far better to simply do as requested and move forward. Life's too short to spend it ranting over things that are insignificant.

csgohan4

Basically OP wants Comp and wants to get out of paying their mortgage. This thread made my day.

shortcrust

csgohan4 wrote: »

Basically OP wants Comp and wants to get out of paying their mortgage. This thread made my day.

Exactly. "Ooo they put the wrong name on the deed - maybe we'll now get our house for free!!"

Another thread where someone pretends to be outraged when they're actually delighted.