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Legal Charge

I paid off my mortgage over 10 years ago, remently my lender sent me my deeds (after the said they woudl keep them) anyhow it turns out that when I paid my mortgage off, they kept the charge on the property, when challenged they said "It was just in case that you wanted to borrow more money"..

I am fuming...

What is the legal position of leaving a charge on a property when ts been repaid..

Comments

  • kingstreet
    kingstreet Posts: 39,434 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    There is no legal position.

    You want it removed, ask them to remove it.

    Some do it automatically at redemption, some don't. Not worth getting wound up about TBH.
    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.
  • So they can retain a legal charge without lending any money? Interesting... So had I applied to another lender to borrow and that could have caused me problems!
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ShiftZZ wrote: »
    So they can retain a legal charge without lending any money? Interesting... So had I applied to another lender to borrow and that could have caused me problems!

    No, it's a perfectly normal part of the process to discharge the old mortgage at the same time as you take out the new one.
  • cahillg81
    cahillg81 Posts: 239 Forumite
    I sense someone is trying to get money for nothing!


    Move along, nothing to see here.
    I am a Mortgage & Protection Broker

    MSE doesn't check my status so you have to take my word for it. Any information posted is for discussion only and should not be seen as advice. I am FCA Registered, registration details available on request.
  • "I sense someone is trying to get money for nothing!
    Move along, nothing to see here."

    What makes you think that?

    A rather pompus and arrogant reply at best..

    For accuracy, had I appled for another mortgage, my data could have cross matched with others and found to have lied about not having a charge...
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ShiftZZ wrote: »
    For accuracy, had I appled for another mortgage, my data could have cross matched with others and found to have lied about not having a charge...

    Lenders would only care about what your liabilities are, the fact there's a (disused) charge still in existence is irrelevant to your application.
  • Missus_Hyde
    Missus_Hyde Posts: 539 Forumite
    Ninth Anniversary 500 Posts Photogenic
    ShiftZZ wrote: »
    "I sense someone is trying to get money for nothing!
    Move along, nothing to see here."

    What makes you think that?

    A rather pompus and arrogant reply at best..

    For accuracy, had I appled for another mortgage, my data could have cross matched with others and found to have lied about not having a charge...

    Actually, Shift, I would agree with you, both about the post and also the fact that the lender had left a charge on the property after the mortgage was paid off.

    They would have received a very terse phone call from me, telling them to remove the charge forthwith.
    A cunning plan, Baldrick? Whatever it was, it's got to be better than pretending to be mad; after all, who'd notice another mad person around here?.......Edmund Blackadder.
  • cahillg81
    cahillg81 Posts: 239 Forumite
    There is nothing pompous or arrogant about my post. It is what it is, you have already been told this is standard, which it is and you are showing some sort of mock outrage.
    I am a Mortgage & Protection Broker

    MSE doesn't check my status so you have to take my word for it. Any information posted is for discussion only and should not be seen as advice. I am FCA Registered, registration details available on request.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ShiftZZ wrote: »

    What is the legal position of leaving a charge on a property when ts been repaid..

    Did you ask for for the charge to be removed?

    In years gone by people would leave the mortgage running. As lenders would in effect provide free storage for the paper deeds. With the digital age. What's required is now held on line by the Land Registry. Hence why your deeds were recently returned. Other than for historical reference they are of no value.
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