Mortgage Deed & Meetingsgreenspun.com : LUSENET : Repossession : One Thread
In shortfall fight with Mortgage Express and they have provided a copy of the Mortgage Deed (as this site recommends us to obtain) - but only because they had a "copy on file". It is a COPY & not signed by them. Can I request a copy of the SIGNED deed?
They have also offered to provide info on the valuation etc obtained when they auctioned our property for a VERY low price. Due to the sensitive nature of this information they wish to deliver it personally!!!! Can I refuse the meeting and still get the info?
Final point - I promise - I served a SARN on them (27th August) with no response in their letter received today. Also no mention of my request. Do they have to respond within a given time?
Many thanks Mike.
-- Michael Bacon (email@example.com), September 27, 2001
With a SARN they have 40 days to respond so I am sure you will get an answer soon.
With ref to the personal delivery, politely decline and request that as the documents are sensitive that they send them registered (guarenteed) delivery. This is as safe as a personal delivery. I suspect they will not do this as I am sure they do not really want you to see them.
The deed MUST be signed by them and if their copy is not you could ask them why but I would simply request a copy of a deed that is shown to be linked to your mortgage and to be dated and inscribed as such.
-- Matt (firstname.lastname@example.org), September 28, 2001.
Mortgage Express were acquired by Bradford & Bingley Building Society. Two mysterious fires at their mortgage deed archive stores, one up in the Midlands, and one in Middlesex, destroyed most of the roginal documentation of Bradford & Bingley. Therefore any alleged copies should be treated with the appropriate caution, especially if they appear 'incomplete' ???
Best wishes, Kenny
-- Kenneth Haymes (email@example.com), September 30, 2001.
I think I read on the site that only mortgage deeds dated after Sept 27th or 28th 1989 have to be signed. Mine were prior to this date and are not signed. I'd love to be wrong though.
-- (_Believer14@excite.co.uk), October 02, 2001.
In response to message left by Eleanor, on this site, 12th Feb.
I read your observation, of the 12th Feb, on the Repossession Homepage. I am a victim of Mortgage Express, having taken over my mortgage from B & B, having taken over Bear Stearns Homeloans! Original advance made in 1991. House now gone & ME chasing shortfall.
I have requested a copy of the Mortgage Deed - copy arrived of the Deed as signed by us, with no amount of advance, account number etc. In other words a copy of it prior to it being signed by the lender. I have requested a notarised copy but, bearing in mind what you said, it is possible that they cannot provide this. If I have your comment straight I would imagine you believe that the lender never signed Deeds before passing them onto the Land Registry? If so this gives us a little hope as you seem to think that the land Registry would not be able to produce a signed copy either.
Any clarification would be welcome.
-- Michael Bacon (firstname.lastname@example.org), October 03, 2001.