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To be enforceable in law, mortgage deeds require a wet signature that is physically witnessed. This is to prevent mortgage fraud from occurring. The Mortgage Deed is to be signed in the presence of an independent witness, i.e. not a relative or anyone with an interest in the property.
What is the Mortgage Deed? This can sometimes be known as the legal charge form. Your mortgage deed is usually a 1 or 2 page document that, once signed, provides confirmation that you're happy to proceed based on the terms of your mortgage offer. Upon completion, the signed mortgage deed is a legally binding document.
The lender can give their consent through this transfer deed, or in a separate confirmation letter. If someone is being removed from the title deeds, the lender will have to agree to this. The lender needs to make sure that the remaining party will be able to pay the remaining mortgage.
When the mortgage is repaid you are entitled to have your Ownership Documents, or property Deeds returned to you. Your Mortgagee is not entitled to hold them any longer, and will almost always return them to you after receiving your final payment.
Who holds the title deeds? Usually, the original copy of the title deeds is held by the solicitor you used at the time of purchase. However, if a mortgage was required when purchasing a property, then it is possible that your mortgage provider will also hold a copy.
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The Mortgage Deed is the document that states that you and the lender have agreed to use the property as a security to protect the mortgage. The Deed contains information on the conditions of the mortgage, repayment schedule, length of the mortgage, mortgage rates, type of mortgage and security for the mortgage.
The Mortgage Deed is to be signed in the presence of an independent witness, i.e. not a relative or anyone with an interest in the property.
You don't need a solicitor if you are redeeming your mortgage to pay it off in full \u2013 either early or at the end of your mortgage term. You will need a solicitor if you are remortgaging or moving house.
The title deeds to a property with a mortgage are usually kept by the mortgage lender. They will only be given to you once the mortgage has been paid in full. But, you can request copies of the deeds at any time.
If your name is on the mortgage, but not the deed, this means that you are not an owner of the home. Rather, you are simply a co-signer on the mortgage. Because your name is on the mortgage, you are obligated to pay the payments on the loan just as the individual who owns the home.

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