Bank has lost my title deeds. Land registry

B

Bronte

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I've been waiting more than two months now for my bank to find title deeds.

After the mortgage finished I waited some time and then contacted the relevant department about 'vacating' the mortgage, but apparently all that is done automatically now, so I requested the deeds. Folio in other words. They searched and decided they sent them to the branch many years ago as my solicitor had requsted them (and I agree that he would have done so at the time as I wanted to change leasehold to freehold) He doesn't have the deeds, and now the manager in the bank is still looking for them but no joy so I think they are lost.

But I think it's time they pay for a new title or whatever is required. Does anyone know what needs to be done, can I get my own solicitor to do it, and will the bank pay for this, or will they do it themselves. Luckily for me this is not an urgent situation. Also can they bank try and insinuate it is my solicitor who is at fault, they have not done so yet. I presume they would need the solicitors signature of receipt of the deeds for that?
 
But you don't know who lost them? It could be the Bank or it could be the solicitor?

I think establish firstly if they are lost at all - they may turn up in due course.

If they are lost, follow the chain from when they were last seen. Who last had them? And who has evidence of who gave them to who? In general, we'd always get a receipt when moving Deeds around precisely so that, when push comes to shove, there is some evidence of who last had them.

mf
 
Thanks MF, my solicitor has checked and does not have them. Bank deeds section know they were sent to the branch for collection by my solicitor in 2002. He says he never collected them. The branch is looking for them for me since June. About 3 weeks ago he said he had one more place to search .... but they had to find some keys first.

How long should I wait before escalating this? Wouldn't branch have requested the solicitor to sign for the deeds, maybe they don't? Do you know if this would be normal in 2002?
 
@Bronte - I think MF1 is suggesting to establish who actually has lost them before rushing in.

They usually 'turn up' and many leave them with the Bank for safe custody. The process is a crock really and only slowly coming into the present!

Is it a land registry case or Registry of Deeds? (Its likely to be Registry).
 
If there's a folio, the deeds are retained by the Land Registry. Your proof of title is a certified copy of the folio.

If it's Registry of Deeds, then it's a bit more trouble, but title can be reconstructed from memorials, copies etc. Obviously you shouldn't have to pay for this.
 
j26 said:
If there's a folio, the deeds are retained by the Land Registry. Your proof of title is a certified copy of the folio.

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It's most definitely Land Registry, and I have a photocopy of the folio. Is it then relatively simple to get a certified copy?

BTW, today I asked the bank again, the manager was apparently on holiday and will get back to me on the location of the document.
 
It is simple to get the up to date certified folio. But there may be other documents with your 'title' that you may require. Engineers certificates of compliance with planning or building regulations, evidence of compliance with financial contributions, planning permission, the original copy of an estate transfer deed, evidence of the roads/services being in charge etc etc. Depends on the age of the house, is is pre or post planning, is it in an estate, are there covenants on the title, and so on. If these are lost there will be a cost element to getting more.
 
All of this is now solved as the bank found them in their safe. No idea why it took them so long to locate them. Thanks to everybody for their helpful suggestions.

Where should I store them, with my solicitor, in a bank locked box, but that will cost, in a fireproof metal box at home?
 
Not surprised by Bronte's experience. I paid off a mortgage with one of our major banks, now almost totally State-owned. On completion of final payment, I was told title deeds could be collected in one of the bank's branches, totally unknown and unused by me heretofore. Busy at the time, I asked a friend to ask for the deeds at the branch. They were casually handed over the counter, without any requirement for ID, or any detailed knowledge of the case. So, be warned - the banks do not seem to think that the actual papers in title deeds are important to owners. I suppose that's obvious, in hindsight, given what certain solicitors were able to do during the boom. BOOM!
 
Eithneangela said:
I asked a friend to ask for the deeds at the branch. They were casually handed over the counter, without any requirement for ID, or any detailed knowledge of the case.
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I cannot believe they were handed over to a third party without authorisation. Did they even get her to sign an acknowledgment form ?
 
No, just handed over in a large brown envelope. Luckily for me, they were intact as I've had to use them since to remortgage the house :(
 
Eithneangela said:
No, just handed over in a large brown envelope. Luckily for me, they were intact as I've had to use them since to remortgage the house :(
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I supposed the fact we know they were giving out loans without much paperwork (including myself) and that some mortgages seem to be not be properly registered, your story is not surprising.
 
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