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Discharge of standard securities

4 replies

Toddlerservant · 04/11/2023 07:55

I am trying to help a family member who paid off their mortgage with a particular lender many years ago but said lender didn't remove their charge from the register. The family member is now trying to remortgage but cannot get this until the previous charge is removed. Said owner of the charge is no longer in business, so they haven't responded to requests to sign the relevant papers to discharge the security.

I am in England and used to the English property system so this is completely new to me. I would be extremely grateful for any pointers as to whether the application can be made to the sheriff court without instructing a solicitor or if he must instruct a solicitor to deal with this (funds are tight so preferably he would do it himself if that is possible).

OP posts:
prettybird · 04/11/2023 09:06

It's the norm to do it via a solicitor (we need to do it for our house but aren't in a rush as we have no need to remortgage so will get round to it some time) but even if the family member were able to do it themselves, it will still cost a minimum of £80.

Instructions here from Land Registers Scotland.
[[
https://www.ros.gov.uk/learn/discharge-a-mortgage-deed#:~:text=Most%20discharges%20follow%20the%20same,to%20your%20lender%20for%20signing]]

Toddlerservant · 04/11/2023 22:33

Thank you @prettybird for this. Sorry not sure how it deleted the part I'd written where Land Registers Scotland guided that he needs to make an application under s18(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970.

OP posts:
Spottyhousecoat · 07/11/2023 00:58

The best way to do this is by a certificate of consignation which I'm sure can only be drafted by a practicing solicitor.
Who is the lender? Is there no way they would sign a discharge as if not unfortunately to do this without a solicitor is going to be quite a drawn out process.

Smurfmurf · 07/11/2023 12:27

In my experience, you need a solicitor to discharge a security.

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