Discharge standard security Scotland

TheQuaker

So I've paid off my mortgage. Confetti rains down !  The problem I've got now is to create an application to discharge the standard security from the lender with Registers of Scotland. I've asked the lender to send a letter of discharge saying we've paid off the mortgage but they have said no. I don't want to waste money on a solicitor costing hundreds to essentially fill in a form. The form is brutal. Has anyone in Scotland successfully done this themselves and did they manage to get the lender to play ball ? I've been with them over 40 years and made them thousands and they can't issue a simple letter. Disgusted.

beanielou

No I did not domyself.  Paid a solicitor.

TheQuaker

Registers of Scotland says you can do it yourself on the website, so we'll give it a bash! First step is to draft a letter to sent to the lender. If anyone has a template let me know. I'll see what chatgpt gives me. If it gets bounced at least we tried! What sort of money is it for a solicitor?

Cairnpapple

I paid £264 in 2022.

£60 Registers of Scotland discharge fee
£150 + VAT legal fee
£10 each + VAT for ID check

TheQuaker

Cairnpapple said:

I paid £264 in 2022.

£60 Registers of Scotland discharge fee
£150 + VAT legal fee
£10 each + VAT for ID check

Thanks for that. Bet it's double that now! The Ros fee is now £80. What a scam.

TheQuaker

So I managed to get the lender to sign and seal a discharge document without a solicitor. Good old AI. Just need to try and fill in the Registers of Scotland form. Hopefully won't be too bad and that'll be a few hundred sheets saved! That's what it's all about ...!

eschaton

I paid £336 including ID check earlier this year in Scotland, after paying my mortgage off in October. 

In the grand scheme off things it wasn’t much to get it done right. My sister recently paid slightly less with a different solicitor. 

As for lender, I was with First Active and they said I could instruct a solicitor or do t myself. 

They also didn’t charge the £225 fee to end the mortgage early. They were an excellent lender for the19 years I was with them. 

kenadams22

TheQuaker said:

So I managed to get the lender to sign and seal a discharge document without a solicitor. Good old AI. Just need to try and fill in the Registers of Scotland form. Hopefully won't be too bad and that'll be a few hundred sheets saved! That's what it's all about ...!

Would you mind sharing the discharge document format that you were successful with? And which lender? Thanks

TheQuaker

I was successful in getting a letter back from Nationwide with their signature and seal. I added a witness section to the document. They stated they didn't need this due the seal. Hopefully that's part 1 done. Whether this will be successful for RoS I don't yet know.  I am yet to be bothered to tackle their arduous form. I keep putting it off! If you manage to fill that in, let me know! Attached is the letter I sent + the letter for them to sign, which they did and added a seal. Replace "Your Name" etc in the docs. Hope this helps....

I can only seem to attach pictures. Here's the text. Some was in bold, you can work out which bits to put in bold if you desire...

Letter for them to sign content

DISCHARGE by Nationwide Building Society

We,
NATIONWIDE BUILDING SOCIETY, incorporated under the Building Societies Act 1986 and having our registered office at Nationwide House, Pipers Way, Swindon, SN38 1NW (hereinafter referred to as "the Creditor"),

IN CONSIDERATION of all sums secured by the Standard Security aftermentioned having been repaid to us by YOUR NAME, residing at Eighty-Eight Dummy Terrace, Glasgow, G123 456 (hereinafter referred to as "the Debtors"),

DO HEREBY DISCHARGE the Standard Security for all sums due and to become due granted by the said Your Name in our favour, and registered in the Land Register of Scotland on 18 June 2006 under Title Number Your Title Number.

IN WITNESS WHEREOF
this Discharge is subscribed for and on behalf of Nationwide Building Society by:

---

Name of Authorised Signatory:
    _________________________________________

Signature of Authorised Signatory:
    _________________________________________

Job Title of Authorised Signatory:
    _________________________________________

Date of Signature:
    _________________________________________

(Company Seal, if applicable)

---

Witness to the above signature:
(only required if not signed by two authorised signatories)

Name of Witness:
    _________________________________________

Address of Witness:
    _________________________________________

Signature of Witness:
    _________________________________________

The letter I sent with the above:

Your Name

Your Address

Date

Mortgage Operations

Nationwide Building Society

Subject: Discharge of Standard Security – Your Address

Dear Sir or Madam,

I am writing to confirm that the mortgage secured over my property at Your Address has now been fully repaid. 

I therefore request that you sign and return the included Discharge of the Standard Security document in respect of the loan. This is so that it can be registered with the Land Register of Scotland to clear the legal charge from the title.

Mortgage account number: Your Mortgage Account Number

Title Number: Your Title Number

I look forward to receiving the signed discharge document. 

Yours faithfully, 

Your Name

Your Mobile

Your Email

user1977

The above is fine though also note there is a statutory form of Discharge in the relevant legislation:

https://www.legislation.gov.uk/ukpga/1970/35/schedule/4/part/6

redrum

I've done this exact scenario with Nationwide in Scotland in 2017, using the statutory form.

I amended my discharge document and re-submitted it to Nationwide with a new witness section (retaining the part for an Authorised Signatory to sign it) based on the Requirements of Writing (Scotland) Act 1995, Schedule 2, Paragraph 5(5) which I'm not allowed to link to.

Not quite sure where I got this exact wording from, but it was accepted:

IN WITNESS WHEREOF these presents are sealed with the corporate seal of us the said Nationwide Building Society and subscribed for and on our behalf by an Authorised Signatory.

You'll need to get someone on the RoS approved list of occupations to notarise your ID for the form. I asked a local Estate Agent's Financial Advisor to do it.