I received a copy of the Halifax Mortgage Conditions but I actually asked for a copy of the mortgage agreement. Do I also ask for a copy of the Mortgage deed and the mortgage agreement? (Checking to make sure that they have the original)

Advise appreciated.

-- (_Believer14@excite.co.uk), February 19, 2001

Answers

I think that as the mortgage agreement you entered into was a deed (a deed under seal) then yes, you should be asking for the mortgage deed, plus the terms and conditions specific to it. I take it you have been sent a set of generic mortgage conditions, rather than a copy of the actual mortgage deed (& terms and conditions) which you signed and which was specific to your mortgage? If so, one might have a problem with this. A set of conditions which has been, say, very recently issued may have little relation to the terms and conditions you signed your name to when you took out your mortgage many years ago. Check the dates.

-- Eleanor Scott (eleanor.scott@btinternet.com), February 19, 2001.

Best thing to do is ask for a copy of the Mortgage Deed. They will probably claim that this is at the Land Registry and tell you to go get it from them. Tell them that they are obliged to supply as this is the basis of their claim and say that you wish for you/your legal representative to be able to view the *original* pre-litigation and so they should provide you with it's location. They will again tell you that this (the original) is at the land registry, but get a copy for you. What you will get is a copy of a copy of a copy. The *original* document is not at the Land Registry. Ask the question via the LR Web site and you will get an emailed response. Keep this reponse it is valuable evidence of the lenders attempts to deceive. The LR have been really helpful to me. The more people that ask this question of the LR specifying the lender, the more the LR will get upset with these lenders. If the lender says that it does not have the original then I would keep it in your mind that you or your consel should *demand* this if it ever goes to court. Incidentally if the Mortgage Conditions that they sent were not signed (as is the custom and practice) ask them where these are so that you may view them with the *original* mortgage deed. Good luck and let us all know how you get on. One more thing, what is the date of your Mortgage Conditions. I am trying to locate sets to compare.

-- Tim Heath (tim_n_heath@hotmail.com), February 19, 2001.

Thanks Tim. I love this site!

Mortgage conditions 1987.

-- (_Believer14@excite.co.uk), February 20, 2001.

This is very interesting information from Tim. As he implies, it is not the Land Registry's job to do the lenders' work for them. The Land Registry has a public function, paid for by the tax payer.

-- Eleanor Scott (eleanor.scott@btinternet.com), February 21, 2001.