Mortgage Deedsgreenspun.com : LUSENET : Repossession : One Thread
I am subject of a shortfall claim dateing from 1991. Investigation has shown that the only MD they keep sending me has printed names of myself and witnessed by a printed name in Exeter. I do not believe I ever signed the Mortgage Deed and certainly never went to Exeter for it to be witnessed. the "office copy" is stamped "a true and certifiable copy of the original". My deduction from this is that the original was not "signed".
Am I being stupid?
-- Ron Evans (Ron@evansr19.fsnet.co.uk), October 12, 2001
You're not being stupid, but if I were you I'd keep this information to yourself - unless it goes to court in which case I would bring this up.
If it DOES go to court, they have to produce the *original* certificate - but you will have to ask that they do this. If they produce a "true and certifiable copy" simply say that this is not sufficient - they must produce the original. I think you'll find that they won't be able to do this...
-- Chris (email@example.com), October 12, 2001.
Yet again another deeds question. I wouldn't rely on the non-signing of the deed to help you get off. The courts tend to take the view that you agreed and were happy to go along with the mortgage at the time. Suddenly things go wrong and you claim 'oh i never signed it' or 'they never signed it.' Courts tend to look at it from the point of view that you inteded the deed (contract) to be legally binding and as such, they may consider it as binding regardless of the signature of either parties. Sorry to have to tell you this, i just don't want people thinking that an unsigned deed will be thier saviour. Discalimer= I am not a lawyer and my advice should not be construed as having any legal effect.
-- Terry (firstname.lastname@example.org), October 13, 2001.
My understanding of the Mortgage Deed is that it holds all the terms and conditions of that mortgage.A document that is suddenly presented as a copy, i.e. showing little information such as mortgage number, signatures,dates of witness etc .... does not validate a bean! The Mortgage Deed shows how the mortgage contract is in effect "set up" between both parties. The conditions for default are laid out, giving specific plan of action from the from the Building Society as to their course of action in such a situation. In my belief, there are 2 reasons why you did not get a copy off the original document... either they don't have the original(its somewhere in their archive system and they can't be bothered (read as expensive)to retrieve or that vital information on that document could prove their case is "time barred".. and really they don't have a leg to stand on. I like everyone else posting to this page suffer the bullying, harrassment and the complete nightmare that goes along with the excessive and illegal tactics of the BS and their legal departments. Keep asking the for the original MD and its'contract details, you will probably find - THEY DON'T HAVE IT!!
-- (NOMORTGAGEDEEDSemail@example.com), October 14, 2001.