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Lost Title Deeds - selling a property (probate)
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KerryJB72
Posts: 8 Forumite

Having received our grant of probate, and putting the house up for sale and accepting an offer, our solicitors informed us the property was not registered and that we'd need the title deeds. And we can't find them. We are fairly certain the building society where the mortgage was held returned the deeds and they've said the owner should have registered the property online at that time.
I gather we need to "reconstitute the deeds" in order to sell the property and that this takes a long time (so I assume the sale won't take place). Is this correct? Any advice? Many thanks!
I gather we need to "reconstitute the deeds" in order to sell the property and that this takes a long time (so I assume the sale won't take place). Is this correct? Any advice? Many thanks!
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Best you ask your solicitor to advise, surely?1
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Get them online from Land Registry for £3.00?0
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Thanks.
Can't get them from the Land Registry because it was never registered with them.
And yes, I will be speaking to the solicitor. I'm waiting on confirmation from one last possible place they could have been stored, and I'm a little anxious, and so was looking for any advice in the meantime.0 -
Think it took the people I bought my house from about 4 month to sort out, but that was pre-covid, I would expect longer now.“Quis custodiet ipsos custodes?”
Juvenal, The Sixteen Satires1 -
KerryJB72 said:We are fairly certain the building society where the mortgage was held returned the deeds and they've said the owner should have registered the property online at that time.so you've already spoken to the building society and they've said they don;t have them ?Before there was electronic registration at the land registry, it was quite common to keep the mortgage open at the end of the term with a token amount (e.g. £10) just so the lender would hang on to the deeds safely.1
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It's a common situation, especially with probate sales. I'd be astonished if your solicitor hadn't dealt with it many, many times before.
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They are* still held by the mortgage lender* held by a solicitor* in a bank (or other) safety box* in the attic/office / kitchen drawer/ old shoe box/......How long ago was the mortgage paid off? If within 30 odd years, yes, compulsory 1st registration should have been applied for at that timeI'm afraid no buyer is gong toproceed unless/until you can prove ownership and hence the right to sell. This takes time.1
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We are buying a property in Scotland, we are now into the 15th month. Waited 9mth for confirmation was due to complete end of July but problems came.1st problem lost deeds, house was not on the register of Scotland website so couldn’t view them and executors didn’t know where the deeds were. Scotland has 2 registers online which everyone is gradually moving across to and the sasine register pre online. The property was registered to sasine and we managed to get a copy of deeds.2nd problem the executors mother never discharged her mortgage from the land register so title is registered with a 10k mortgage from 1983. Which has been paid of since 94/95 so it’s now been held up due to removing this charge as our lender needs to have 1st ranking. This has been going on since the start of September. Have no idea when will be sorted.We are in a position to wait which is way we have waited this long, if we were desperate we would have pulled out months ago.Hopefully you will have buyers who are in the position to wait
good luck!1
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