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My mum is now living in sheltered housing and we are selling her old house to pay for her carers fees. My dad is deceased but mum believes the deeds were deposited in Barclays Bank but has dementia and cannot help any further. Barclays are unable to trace the deeds and say that can do no more without a mortgage number which we do not have(paid off approx 20 yrs ago). They are refusing to help further and are not responding to letters or phone calls. Land registry have no trace of the house as bought approx 1950 and will not replace the deeds until Barclays accept that they've lost them. The insurance indemnity is not being accepted by the proposed buyer and my mum is now in debt as her cash has run out. Can anyone help please? Thank you.
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Re: Lost house deeds
These are some notes that I collated for a friend with a very similar problem .....
What if the property isn't registered with the Land Registry?
The matter does however become more complicated if the property transpires to be unregistered. I would recommend writing to anybanks, building societies or solicitors that your mother may have had a connection with in order to establish whether they ever held the title deeds to the property and whether they stilldo. If they do and the deeds are in their possession the problem is resolved.
If you are still unable to locate the title deeds you will need to make an application to the Land Registry to re-construct the title ofyour mother's property.
The Land Registry will need to establish what has happened to the lost house deeds and what steps you have taken to locate them (such as writing to the bank etc). Your evidence will need tobe supported by a statement of truth. Form ST3 which is available on the Land Registry website (www.landregistry.gov.uk) is a useful form which stipulates the information and evidence that you will require to accompany yourapplication.
There is no guarantee that your application will be accepted but the more evidence that you can provide showing that your mother has lived at the property for at least the last 12 years (such as council tax and utility bills, bank statements etc.) the stronger your application will be.
Whichever way you look at this, it is a tough call! Hope someone else can help further! -
Re: Lost house deeds
Just because the deeds have been lost does not affect ownership, there are two type of ownership, one with a deed (legal ownership) and one without a deed. The bank usually keeps the deeds until the mortgage is paid off. The property is not registered so will need to be registered, it's called 'first registration.' You have to apply to the Land Registry service to do this. If deeds have been destroyed or lost, the land can still be registered which will offer your mum protection as well as protection for any new owners. The law has changed in 2003 where all property must now be registered to reflect exactly what property (land) people own. Even if the deeds were not lost unless the property has been registered it is not legal ownership anymore, as far's am aware. So, contact the land registry service who'll explain things. She will likely need her documents to prove her identity. The bank has a general duty to your mother, so remind the bank of this. The bank's further duty is a reasonable adjustment under the Equality Act 2010 as your mother has a disability. Where necessary, request that the bank assist your mother to trace any documents which prove ownership to the property. Contact the land registry service first of all to inform them of the situation. Not all claimants are genuine so the land registry service require proof, that's all - this is normal.Originally posted by Pkilb View Post
Land registry service number (should be local rate): 0300 006 0411.
https://www.gov.uk/government/public...ility-of-formsComment
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