Hi Frineds, after going through this excellent site and as advised I asked Solicitors Drydens for a mortgage Deed. They said contact Land registry, when I told them that Land registry said they hold only title deed and not mortgage deed they replied back saying that its the same thing.. Can some one advise please..

My house was repossessed in 1994 although first second payment was missed in 1992. First contact made by B&B was in 2002. We have never acknowledged any debt since repossession and have always disputed their claim.

Can some one advise were I stand as they have said that we have been in contact with you for two years and now its time for you to pay or send an I and E from , although for a whole year they didnt reply to my letters and after a year when they replied they said that thnks you for your payment over the last 6 months but we now need to review your situation although i nvere paid them a single penny, later they send a letter saying that it was a mistake on teir part..

Any help will be greatly appreciated as I am really sufferinh with arthiritidh and I am on thyroid tab;ets due to having a nervous break down thanks to B&B..

Thanks for all the help in advance

-- Jovina Simon (jovinah_simon@yahoo.co.uk), January 10, 2005

Answers

Jovina

For registered land the deed of assignment (commonly Mortgage Deed) is usually annexed to the Charge Certificate that should be held by the lender. Whereas it is the Title Deeds that will be held by HMLR. You do not state your grounds for disputing the debt but you should be aware that a charge is determined by its registeration on the Charges Register and you probably also need sight of the terms and conditions associated with the Mortgage Deed. This is complicated stuff and please forgive me for saying that without legal advice from a hardworking decent solicitor whose field is the conveyance of land and is not too interested in money (rocking horse Sh*t and all that)I don't think you'll beat these money grabbers. However, as someone who knows what your going through, I hope to be proved wrong. Good Luck you'll need it because the lenders have got money and therefore time is on their side as also are all the money grabbing solicitors.

-- Anon (Fight on@RBS.co.uk), January 10, 2005.

Has there been any court action for recovery taken against you??? If not I think this matter could well be time barred providing you have never admitted liability. I know that in Scots law a creditor has to take legal action for recovery of a debt within 5 years (in accordance with the Limitations Act)and I'm sure the law in England is similiar although it could be 7 years.

You need to read the info on the site but why don't you write to them and advise them that your understanding is that the matter is time barred and ask them to confirm that the matter is closed.

Good luck

Moira

-- Moira (Anderston828@aol.com), January 13, 2005.

Hi,

I've just read your post a couple of times to be sure of what I think you're saying. Both the Land Registry *and* a firm of solicitors stated that a Title Deed is the same as a Mortgage Deed?

Do you have specific contact details? Copies of letters?

Thanks.

-- Eleanor Scott (eleanor.scott@btinternet.com), February 28, 2005.

Jovinah,

The mortgage deed is a covenant (promise) under seal to repay a mortgage and the title deeds are what you get when you've paid for the property and is proof that it belongs to you. Two different things completely.

Mark

-- M Amos (idgroms@hotmail.com), March 01, 2005.