Sasine Register Scotland - Updating Title/Discharging Standard Security

TCA

TCA said:

I'll maybe also look again at preparing a discharge deed myself....

There really isn't much out there online by way of discharge deed examples but I found a couple on a development website used by Registers of Scotland. I also contacted the lender who (after several attempts) were able to give me a blank deed, albeit for a property on the Land Register of Scotland, not the General Register of Sasines. So I've cobbled something together which I think will do.

One question I have is with regard to the standard security being in the name of a deceased person. I presume in the deed there's no need to mention this?   

In the two example deeds I've seen, after the granter's name, one deed shows just one address and the other shows both a former and a current address. For my dad I'm thinking to just add "residing formerly at...." and use his home address, which is for the mortgaged property we're talking about.

Any thoughts? Here's what I've composed:

We, NATIONWIDE BUILDING SOCIETY (FORMERLY CO-OPERATIVE PERMANENT BUILDING SOCIETY), incorporated under the Building Societies Acts and having our Registered Office at Nationwide House, Pipers Way, Swindon, IN CONSIDERATION of the sum of XXX THOUSAND XXX HUNDRED AND XXXTY FIVE POUNDS (£x,xx5) STERLING being the whole amount secured by the Standard Security aftermentioned paid to us by xxxx xxxx residing formerly at xxxxxxx, xxxxxxx, xxxxx, do HEREBY DISCHARGE the Standard Security for all sums due and that may become due granted by the said xxxx xxxx in our favour (wherein we are designated Co-operative Permanent Building Society), recorded in the Division of the General Register of Sasines for the County of Xxxxx on Eighth Xxxxxber Nineteen Hundred and Xxxty Xxxx: IN WITNESS WHEREOF these presents typewritten on this page only are sealed with our common seal and executed as follows:-

--------------------------------------                                                                   --------------------------------------

Witness Signature                                                                                   Authorised Signatory

--------------------------------------                                                                  --------------------------------------

Witness Name                                                                                        Name of Authorised Signatory

--------------------------------------                                                                  --------------------------------------

Witness Address                                                                                     Place of Signature

-------------------------------------                                                                   --------------------------------------

Town                                                                                                       Date of Signature

Edited to add: I'm also struggling to find a template or example of a transfer docket for the property. If anyone can point me in the direction of one of those it would be a big help. Thanks.

user1977

Discharge looks fine.

There's a statutory form for the docket:

https://www.legislation.gov.uk/ukpga/1964/41/schedule/1

TCA

Thanks @user1977. Will get the discharge deed sent off to Nationwide.

Re the docket, obviously I just substitute names for AB, CD and EF and I've requested a specific certificate of confirmation for the property, so presumably this is where I use it and refer to it in the first couple of options.

I, AB, being by virtue of the within certificate of confirmation the executor on the estate of the deceased CD so far as specified in the certificate of confirmation attached hereto hereby nominate EF [design]

EF [design] - what's required there for 'design'?

hereby nominate EF [design] as the person entitled in part satisfaction of her claim to prior rights, as a surviving spouse, on the death of the deceased to the following item of estate, that is to say, dwelling house at xxxx address as specified in the said certificate of confirmation.

For (a) to (d) do I just select the appropriate option and add it onto the previous sentence as above? So for my mum I keep the word "part", as there were other assets and choose option (a) because prior rights exhausted the estate? And just remove the reference to "being number of the items of the estate", which would presumably refer to the inventory in the C1 form?

Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995

Is this telling me the signature should be witnessed? If so, am I correct in thinking just by any unrelated adult? Something to be composed along the lines of the discharge deed?

In witness whereof these presents typewritten on this page only are executed as follows:-

--------------------------------------                                                         --------------------------------------

Witness Signature                                                                         Executor Signature

--------------------------------------                                                         --------------------------------------

Witness Name                                                                               Executor Name

--------------------------------------                                                         --------------------------------------

Witness Address                                                                            Place of Signature

-------------------------------------                                                          --------------------------------------

Town                                                                                              Date of Signature

TCA

user1977 said:

Discharge looks fine.

Nationwide seem to be saying that the discharge will be sealed but not signed. Presumably this is common practice, but does it matter given how I've worded the deed for execution and set it up for signatures?     

user1977

TCA said:

Thanks @user1977. Will get the discharge deed sent off to Nationwide.

Re the docket, obviously I just substitute names for AB, CD and EF and I've requested a specific certificate of confirmation for the property, so presumably this is where I use it and refer to it in the first couple of options.

I, AB, being by virtue of the within certificate of confirmation the executor on the estate of the deceased CD so far as specified in the certificate of confirmation attached hereto hereby nominate EF [design]

EF [design] - what's required there for 'design'?

"residing at 21 Acacia Avenue, Glasgow" or whatever

hereby nominate EF [design] as the person entitled in part satisfaction of her claim to prior rights, as a surviving spouse, on the death of the deceased to the following item of estate, that is to say, dwelling house at xxxx address as specified in the said certificate of confirmation.

For (a) to (d) do I just select the appropriate option and add it onto the previous sentence as above? So for my mum I keep the word "part", as there were other assets and choose option (a) because prior rights exhausted the estate? And just remove the reference to "being number of the items of the estate", which would presumably refer to the inventory in the C1 form?

Sounds right to me, yes

Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995

Is this telling me the signature should be witnessed? If so, am I correct in thinking just by any unrelated adult? Something to be composed along the lines of the discharge deed?

Yes I would get it witnessed in that fashion.

user1977

TCA said:

user1977 said:

Discharge looks fine.

Nationwide seem to be saying that the discharge will be sealed but not signed. Presumably this is common practice, but does it matter given how I've worded the deed for execution and set it up for signatures?     

Doesn't matter how you've laid it out really, they'll execute it in their usual way (I think sealed and one authorised signature for them, which is fine).

TCA

I received the sealed discharge deed back from Nationwide. The accompanying letter noted the authorised signatory and where and when executed but said there was no requirement for the subscription to be witnessed. The deed however was signed by the authorised signatory and witnessed, although no further details of the signatories were completed in the document itself. So all appears fine. I'll just hold onto the discharge deed as there doesn't appear to be anything gained in registering it at the moment.

Confirmation has now been granted and Nationwide said previously they would return the title deeds if sent a copy of the grant of confirmation. I don't really see any benefit in doing this now either. I presume if they return the title deeds that the old mortgage account would be formally closed. If the discharge deed was lost further down the line, that might make it more difficult to sort a replacement, so I'm of a mind just to leave it.

Any thoughts on retrieving the title deeds?