Chris,(posted 8014 days ago)I did realise that this wouldn't help Jen,I'm in the same boat,my deed was from Feb 89, but there does seem to be some confusion with some people saying( I believe) that prior to 1989 "it is by no means certain that all older mortgage deeds contain the required phrase or clause that would turn a shortfall debt into a specialty debt". All I was trying to do was to say that Mr Rossdale's article doesn't seem to infer this, " the deposit of title deeds by a debtor with his creditor creates an equitable security whether accompanied by the debtor's writing or not" (Megarry & Wade). What is this magical required phrase or clause? Can we take deeds prior to 89 as all being Specialty or are their still loopholes? I imagine only a lawyer can only really tell, by looking at the deed.
Mark.
Jen can you confirm when your building society first contacted you.