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Response to The Legality of unsigned Mortgage Deeds.

from E Scott (eleanor.scott@btinternet.com)
This is interesting. Do you mind me asking, where does your understanding actually come from (that 'Mortgage Deeds, from the 27th September 1989, MUST be signed by both parties in order to be legal')? It would be really useful to have a source for this.

I have to say I'm a bit puzzled by this argument myself because, if as Matt points out, mortgage deeds don't actually seem to have a space for the lender to sign, then where does that leave us? Are we saying that all mortgage contracts are invalid?!

I do recall reading somehting in the Mail on Sunday about this issue of unsigned mortgage deeds - an ex-barrister called Christina Rundle suggested that some deeds might not be valid unless signed by both borrower and lender. I remember thinking then that mortgage deeds are 'under seal', and wondering about how this fact fitted into her argument. Unfortunately the MoS never followed up the story.

(posted 8231 days ago)

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