I spoke to a solicitor-friend about this. The solicitor has a duty to check that there is a sufficient policy to cover the mortgage, but it is not a legal requirement. It is odd that the lender and solicitor did not ask for proof that the policy existed. At the end of the day it is down to the borrower to make sure they have the policy in place. You should check the original paperwork you had from the solicitor and see if a mistake has been made. If you don't have it, then ask the solicitor, they are required to keep purchase files for 12 years.(posted 8815 days ago)Rather than hand over the keys you could have asked your lender to convert the mortgage to a capital and interest one.