These documents are recorded, and then sent back to the settlement attorney. The recorded loan documents are then returned to the mortgage lender and the deed and the title insurance policy is sent to the buyer.
It is a good idea to keep all of your settlement documents, especially the HUD-1 settlement statement. You should also get a copy of the deed of trust the mortgage document and the promissory note which you signed at settlement. Hopefully, you will never need these documents, but should the lender send you a letter stating you are in default on your loan obligations, it is always a good idea to refer back to these documents.
They spell out what the lender can and cannot do, and the process by which you can be determined to be in default. The title insurance policy is also a very important document. In the event someone suddenly raises an issue against or about your property, you may be able to file a claim with the title insurance company that issued the policy.
For example, an old mortgage was never released from land records, and shows up when you go to sell your house. There usually are specific time limitations spelled out in the title policy which require you to file the claim within a certain number of days after you learn about the problem.
As a result, finding the originals may not be possible. But you can see what information Land Registry has about your property on their system by searching their property information database here. You input your house number or name along with your postcode and it will show you what documents they hold. You can purchase Official Copies of these documents quite cheaply, but check with your Conveyancing Solicitor that you need to do this before spending the money.
If your property is leasehold, Land Registry should have a copy of the lease registered with them and you get an Official Copy of this by paying a small fee. Your Title Deeds are important so you can prove that you are the rightful owner of a property. Your first step should be applying for First Registration along with piecing your Title Deeds back together.
If you can't track the people down or the leases then it will be quite a task. Comment by Neil Croft posted on on 24 May Firstly let me say I find the Land Registry blogs far more usable than the help pages for a "normal" person like me trying to avoid the expense of the legal profession to manage a fairly simple, small estate. I am about to send off the documents to transfer my late uncle's house to myself and first register it, and finally received the "deeds" from Santander today.
Going through the vast bundle of guff they've sent me, do I really need to send everything and list it all on form DL or do I just need the conveyances and assents which show the effective creation of the individual property it was originally the corner of a field and its transaction history along with the searches I've done and probate? Neil - its rare that we need everything but what you do send does need to be listed on form DL.
Practice Guide 1 section 4. Are there specific documents that you perhaps see as being 'guff'? That may help to identify why they are actually important and needed. The guide was helpful I'd included a grant of probate but not a copy of the will!
The "guff" is primarily old land charge searches, which I presume are superseded, old mortgage documents now cleared, and original planning consents for the erection of the original bungalow.
Neil - you'll need an up to date Land Charges search so anything 'cleared' is most likely not needed as we would be looking at the most recent result. We would not need planning details as we are looking at the land ownership and how that has changed, been burdened etc. The planning process is quite separate so such items won;t be needed by us when we examine the title.
Comment by Stuart posted on on 24 May Comment by ianflowers posted on on 25 May Stuart - there is no one best or ideal approach, but there are some options open to you which may help in completing an ownership trail.
There may also be entries in the current edition of the register relating to older conveyancing deeds or there may be a copy of one or more deeds filed with us which may give some information as to historical owners. A document such as a transfer from the developer to the first house owner will obviously give definitive information as to ownership and the age of the house.
This blog also sets out some other options for trying to locate historical 'title deeds' which may assist in completing such as trail. Comment by Bert posted on on 27 May My neighbours are trying to suggest that they were given a small area of one of my fields by the previous owner of my house and land over 24yrs ago! The deeds and land registry show very clearly that the land is within my boundary. I have received a letter from neighbours solicitor stating it is their land, and they can prove it Am I right in assuming that since the whole field is within my boundary that they have no claim on it and that even if they were able to come up with some old paperwork suggesting that they were given it by the previous owner deceased , the land continues to be mine?
Comment by AdamH posted on on 29 May Bert - you need legal advice here as to what your rights, and their's, might be. If they are looking to claim the land for whatever reason then it is that reason you need more details and legal advice on. We would only be involved as and when an application to register was made. If the claim was seen to be initially valid and the land is registered we would then write to you at the contact details on your register to seek your view - hence the need to get legal advice.
Comment by S Crean posted on on 31 May I have been notified that on the copy of register of title on section b, I am listed as title good leasehold but to remortgage I need this title to be absolute. However, further deeds in paper were recreated in using prints reproduced from film of the original deeds. I have those deeds and all paperwork since. Is this enough to get the title upgraded to absolute?
Comment by AdamH posted on on 31 May S Crean - we won't consider and decide whether the supporting evidence submitted is sufficient until the application to upgrade the title has been made. See section 3. Comment by Adam posted on on 01 June After payment, how long does it take to receive a copy of the title register? I am switching mortgage provider and there is a field for the title number. Is it important that I provide this?
Comment by Karen posted on on 07 June We've just paid off our mortgage. We have the very long and formal old paper deeds to our house which is late Victorian but nothing with our name on it. I've paid to download the very basic information online which shows just our names against the property and no reference to a mortgage, but feel like I ought to have something more "formal" for when we eventually sell the property or if we need to prove sole ownership.
Is it advisable to pay for that now or wait until we sell? Unlike this page, the advice on the web pages with those forms isn't clear for someone like me who simply wants the paperwork with their name on it as owner s of their property. Comment by ianflowers posted on on 08 June The only difference now is that it is held in electronic format and is available for inspection and download electronically. There should not be any need to obtain official copies of your title documents at this stage.
The normal process on a property sale is for the buyer's solicitor to do this along with the other enquiries they make on behalf of their client. I am sorry you found our guidance on the GOV. UK pages unclear as to how to obtain official copies - we will take this on board.
Finally, as mentioned in the blog, although the paper titles deeds you hold are not needed to prove ownership, it is a good idea to hold on to them. Comment by Ann T posted on on 08 June We will be splitting our assets and would it be worth my while to try and get my name on the Land Registry before we sell the house?? Comment by AdamH posted on on 11 June Ann T - that is not something we can advise upon so very much something to discuss with your solicitor as to the best way to proceed.
Your interest is presumably in the sale monies so it can be a question of ensuring that your share in those is protected as the Transfer would be by him as the registered owner. Comment by Aileen posted on on 12 June Hi I'm wondering can anyone shed light on my situation.
I have still a hefty mortgage on this property. The new provider wrote to me requesting these documents but I have kept them. Does this turn the mortgage into an unsecured loan? Comment by AdamH posted on on 12 June Aileen - from a registration perspective only a secured loan is one registered against the land title, which we register, or protected through the Land Charges department if the property is unregistered.
With unregistered properties a lender will often retain the deeds as 'security'. Comment by Liz Pearce posted on on 21 June We are in the process of selling our house but our buyers have a problem with their title on the sale of their own house, hence stalling everything. They bought their property in but it appears their solicitor at the time didn't ensure a previous Equitable Charge dated was discharged.
No paperwork can be found. If the Company that was or any of the Solicitors involved or if indeed the Land Registry somehow didn't register the form 53 back in the day to release the charge, is the only option available that is left, is to get The Crown to vacate the Charge? Thanks Liz. Comment by ianflowers posted on on 21 June It's really something for the solicitors acting to resolve with the parties involved and for them to contact us to try and resolve any difficulties. Comment by Louise posted on on 26 June My online estate agent has recently requested that I provide a copy of my land registry title so that they are compliant with HMRC requirements.
I was hesitant to provide this information as I thought it was a confidential document but they advised they would remove my property from the market if I did not provide this. I had a copy of the official title in my cabinet therefore they took a copy of this. Afterwards I began to panic that I have opened myself up to some kind of property fraud as they already have a copy of my driving licence and utility bill.
Can anyone access this official document, am I worrying for nothing? Comment by AdamH posted on on 26 June Louise - the land register has been open since so anyone can obtain the same details direct from us. As such you have not shared anything which is confidential it seems. Comment by Jim posted on on 01 July Comment by AdamH posted on on 02 July Jim - the title plan will show the registered general boundaries. You state that the trees are within the red outline so the waterway is presumably the concern so it may be worth contacting the Environment Agency to see if they have a view on it's ownership.
Comment by Charles Lennard posted on on 02 July Hi, I have a title to a piece of land, received from Land Registry a few years ago. The Title makes reference to the Property register and Charges Register with the words in italics :"Note: Copy in the certificate".
Comment by AdamH posted on on 03 July Comment by Tom O'Callaghan posted on on 12 July We bought our house in and it was registered. Does the land Registry issue documentation proving who owns the house, and if so what's it called?
Could this be used in lieu of deeds? We no longer have a mortgage nor have we notified anyone as we were not aware that it was necessary to do so.
Comment by AdamH posted on on 13 July Tom - if it's registered then the electronic register confirms ownership. Anyone can confirm those details online or by post as the blog article explains. Comment by Anne Feltham posted on on 15 July We have just finished paying off our mortgage and our house is now registered with the land registry and we have a copy of this which our lender sent us. I phoned the bank lender and asked them for the house deeds, but was told the land registry hold them and to apply for them.
According to the information above, this isn't correct and the mortgage lender should have them. The house was originally purchased direct from the council in and we didn't need to use a solicitor. I don't understand what's going on here and am totally confused. We simply want our deeds! Comment by AdamH posted on on 16 July Your house deeds will have comprised the Transfer from the Council to you which then triggered registration.
So the register, title plan and copy of that Transfer are in effect the 'house deeds'. Comment by Graham Richards posted on on 31 July I downloaded the title register for my property after paying off the mortgage on it and the bank have verified that the charge was removed.
However, it still shows their name and address as "Lender", is this just the last person of interest on the property or should that be removed? They have assured me that they removed the charge in Comment by AdamH posted on on 31 July Graham - if a mortgage has been paid off and redeemed then it should not appear on the register.
It reads as if either they did not apply to remove it; we failed to remove it when they did; of there were perhaps two legal charges in their favour but they only applied to remove one of them at the time. Comment by Graham Richards posted on on 01 August Comment by AdamH posted on on 01 August Graham - the support team will pick it up, consider and then reply by email.
This is normally done within 5 working days. Comment by Yaffa Rowbotham Kramer posted on on 03 August We have the Title Deeds number The Title Deeds is my document and should be sent free of charge, either electronically or an hard copy. Comment by ianflowers posted on on 03 August Lenders will sometimes charge a redemption fee to complete the formalities when a mortgage is paid off.
That is obviously a matter for the parties involved. As to the title deeds, some lenders may require the borrowers to apply for copies of the title documents themselves if they need to have a record of the mortgage being cancelled from the register. Please note that our website pages will differ from those of commercial organisations by having 'gov. I have found out that when our deeds were copied electronically the land registry informed the mortgage company when they returned them that they were no longer needed and they could do what they wanted with them.
So our mortgage provider destroyed them without informing us. The transfer of deeds to electronic storage began in by the land registry. People are not informed about this and don't find out until they pay off their mortgage. They are then informed by their mortgage lenders to get in touch with the land registry and then charged money to get a copy of their deeds as the mortgage providers have destroyed original deeds. They do not tell you the truth until you kick up a stink.
Disgusting money making racket just typical of the way this country treats its hard working citizens. Comment by ianflowers posted on on 07 September Diane - the electronic title register was prepared from the paper registers that we held, not from the deeds.
As mentioned in the blog, the original deeds are normally returned to the solicitors acting when the property is first registered with us. Where there was an outstanding mortgage, the lender would usually hold the deeds. But most converted their own records to electronic format and in that case would normally have been required to return any paper deeds to the borrower. The relevant change in was that paper Land and Charge Certificates were made obsolete and were not required to be lodged on applications to change the register.
But those certificates would have only contained a copy of the title register and usually only copies of any conveyancing deeds. Comment by Ruth Speirs posted on on 08 August Hi we are trying to get an old lease registered on our property as it mentions shared access rights and the buyers solicitor is adamant they won't complete without it. Buyer needs to complete by end of August and land registry says they will expedite - any guidance on how long this could take from the normal 58 working days?
Comment by AdamH posted on on 08 August Ruth - expedition will normally mean that the application is considered within 10 working days. Everything then usually depends on it being in order. Comment by Elise posted on on 08 August Having lived in my property for almost 3 years the council have advised that a portion of my front garden is actually council land that was paved over prior to me moving and they need it returned to council requirements.
Surely this should have been picked up by someone in the Conveyancing process? Comment by AdamH posted on on 09 August They don;t visit the property after all so normally that responsibility is passed to their client.
But modern techniques such as google maps etc can mean they do take a look in some way but very much something to go back to your conveyancer with to see what they say. Comment by Elise posted on on 10 August Thanks for your help Adam. Comment by AdamH posted on on 10 August Elise - you may have to keep pressing and if you get nowhere then they should have a complaints process. Comment by Richard posted on on 19 August Is there a place, museum, whatever where old deeds no longer needed following registration can be sent?
Comment by AdamH posted on on 20 August Richard - not that I am aware of. You can approach a local museum or perhaps the County Records office but no guarantees either would want them.
Comment by June posted on on 04 January I know I'm responding to an old query but my local town museum was interested in copying my older paperwork typed - no fancy wax seals as it showed the history of land sales and development within the town. I kept the original in case I ever do need it. Can't recall which now, but I think it was the record office who were pleased to take it into their collection.
I did think of offering it to the current residents of the cottage but it seemed better to be in safekeeping for others to see.
Comment by keith waldman posted on on 20 August Comment by AdamH posted on on 21 August Comment by keith waldman posted on on 21 August Comment by Nina duckers posted on on 20 August My son has inherited an house from my deceased uncle which has been 3yrs since death how does my son have to change the title deeds into his name to.
Comment by Hoi Hung Kong posted on on 25 August My sister has paid off her commercial mortgage around 7 weeks ago, she has received a letter from her mortgage lender stating the discharge documents have been forwarded to the relevant land registry for them to arrange the removal of legal charge, for confirmation that our interest in the property has been discharged, please contact the relevant land registry direct.
Is there an email address that I could contact to find out about the discharged or will the land registry send out a confirmation letter to her about it? Comment by ianflowers posted on on 28 August We'll then check and get back to you. Comment by Elspeth Loudon posted on on 04 September My dad built his own home in Title deed was in his name. Wills state everything will go to the other when each passes away. Comment by AdamH posted on on 04 September Elspeth - is this a property in England or Wales?
I ask as you refer to a 'sherriff' and I am not familiar with that position operating in such matters in England or Wales. Can you clarify that first please?
Comment by K Ashley posted on on 05 September Hi I had a joint mortgage. My Husband and i separated 20 years ago [ not divorced still due to finding him] and he never made any contribution to the mortgage. I paid the mortgage off 5 years ago [was over the 25 year term but some monies owed- i had to take a loan out ] I received a form to apply for the deeds but as it was a joint mortgage and stated people on the mortgage to sign and i haven't seen my ex i haven't applied for them.
Can i sell the house without the deeds myself? Will i still be able to get the deeds or will they have been destroyed as not claimed? Will the property be registered [if it is] in both our names?
Comment by ianflowers posted on on 06 September The first thing to consider as you've mentioned is whether your property is already registered with us. If it is, the electronic title record that we hold will give the position as to the outstanding mortgage and also whether you own the property with your husband as joint owners. As to what is needed to cancel the mortgage and receive the 'deeds' that something that you'd need to discuss further with the mortgage company involved.
But generally speaking, that process may not need the consent or signature of both owners. As to the deeds themselves, as mentioned in the blog if the property is registered with us, then we will hold the electronic title record. Then the deeds such as old conveyances would not be required to prove your ownership. If they are available, they may still be held by the lender and would be returned to you once the mortgage has been paid off. If there are difficulties with this, you may want to consider seeking independent legal advice, from example, from Citizen's Advice or from a conveyancer such as a solicitor.
Comment by kashley posted on on 07 September I did register property with you for property alert in July this year- does that mean it's registered? Yes, if you have a property alert set up for the property concerned then it will be registered. Comment by K Ashley posted on on 08 September Comment by Louise Norman posted on on 11 September Hi, we are in the process of buying a property.
The solicitor is going to send in the application. Approximately how long is registration taking please? Comment by AdamH posted on on 12 September Louise - the average timescale is around 34 working days at present.
That can reduce the wait time to just a few weeks. Comment by Louise Norman posted on on 01 November The first registration application went in weeks ago. Are you able to check the progress of this please? I can message you the post code privately. Comment by ianflowers posted on on 01 November Comment by Louise Norman posted on on 14 November Hi Ian, the application went in around the 24th September 35 working days, last week.
You mentioned the average is around 34 working days. However, the vendors solicitors has checked and been informed it could take 16 weeks! Why is there such a difference please? The solicitors are telling us that they have informed Land Registry that a sale is pending. Comment by AdamH posted on on 15 November Louise - the 34 working days is an average so some applications wait a little longer before they are considered.
Our records show that the solicitor did contact us regarding expediting the application in early October but this was refused. If your purchase is now confirmed I would suggest that they make a further request and provide evidence to confirm the purchase is to take place.
Comment by Raymond Swalwell posted on on 13 September I am in possession of a letter from the Cheltenham and Gloucester August Stating that on redemption of our mortage. Comment by AdamH posted on on 14 September Raymond - lenders have a wide variety of ways of trying to explain such matters to their customers but the article explains what we hold and how the register and title plan are stored electronically.
All documents is a misleading statement and I suspect they mean All documents needed to confirm your ownership for example. Comment by Helen posted on on 16 September Hi I hope someone can help me. We are in the process of selling our house.
We found out after the land searches have been done that half of the property is still in the previous owners name. We are going to loose the sale of house and just want some advice on what we can do. Comment by AdamH posted on on 17 September Helen - you very much need to rely on your conveyancer here as to next steps and advice on what to do.
If the land is registered to a previous owner they will need to trace them and get them to transfer that ownership to them. How long that takes and what issues arise are ones only your conveyancer can assist you with.
Why does a property not have a Title Number? How do i search for information on the land the house was built on if there are no deeds existing? Comment by ianflowers posted on on 19 September Sharon - Some properties are unregistered as there has not been a recent event such as a sale or mortgage which would trigger registration for the first time.
We do not hold any information on unregistered land. Comment by Still Confused posted on on 02 October If your property falls into this category and you do not have the original property deeds, it will take a lot more effort to prove ownership, but it can be done. There are ways to prove ownership of a property if it is not on the Land Register, depending on your specific circumstances. The first option is to track down the original deeds. Alternatively, if you took out a mortgage when you bought the property, the deeds may be with your original mortgage lender — or your current lender if you have subsequently remortgaged.
If you have inherited a property or are selling a property via probate, then it may be that the solicitor who produced the will for the deceased person has the deeds. If you are unable to locate the original deeds and this is often the case with older or inherited properties where deeds have been lost or destroyed , you will need to apply for first registration of the property. This is a complex process and will require the assistance of a solicitor or conveyancer.
However, first registration is not a common legal issue that every solicitor or conveyancer will have a working knowledge of, so it is worth doing your homework and seeking out a legal representative with previous experience.
Depending on the complexity of the situation it can also be a lengthy and costly process, so make sure you have factored this into the conveyancing process for the sale of the property. To complete the first registration, you will need provide a statement of truth via an ST3 form and accompanying evidence.
This evidence can be in the form of mortgage payment records, bank statements, utility bills, buildings insurance policies, electoral roll records, copies of contracts and estate agent property details. Supporting statements from a mortgage provider, solicitor or former and current neighbours can also be considered.
You will also need to:. Selling your home can be an overwhelming experience. Finding a good estate agent, sprucing up your property and organising viewings are just a few aspects that need to be considered.
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