Trying to change deeds after mothers death

[hanham09]

My mother died in May of last year,

she has left a property to me and my sister.

There was no will.

 

 

I was living with my mum and have decided to stay in the property,

but I needed a mortgage to pay my sister her half.

 

My mum had taken out a homeowner loan (endowment) which matured after 10 years in September 2014,

but the Royal Bank of Scotland have not been in contact with Aviva for the money yet.

 

 

Now my conveyancing solicitor is telling me he needs the deeds to change the property into my name,

but my probate solicitor is telling me he shouldn't need the deeds at all.

Which makes me wonder if he's taking me for a fool as I'm a 25 year old single girl with no parents to tell me he's wrong!!

 

The conveyancing solicitor is telling me he can't get hold of the deeds and is according to him sending out letters

- which is costing me money. When surely its easier to pick up a phone.

 

Me and my sister have done some ringing round and we found out in the same day the RBS do not have these deeds.

 

There is plenty more to my story, but

 

 

I was just wondering if any body out there knows if he indeed needs these deeds to transfer to me or not?

 

 

And if the fact my mum had a homeonwer loan has anything to do with it or not?

 

Thank you

Hannah:wink:

[honeybee13]

Hello and welcome to CAG.

 

I'm very sorry to hear about your loss, I know how it is to lose a parent.

 

You seem to have multiple issues here and I hope we can help you to unravel them. I will try to find someone to help.

 

One thing occurs to me for now. I don't understand why RBS haven't contact Aviva if the policy matured in September. Did anyone advise Aviva of your mum's death?

 

My best, HB

[hanham09]

Thank you.

Yes I contacted Aviva over my mums death and sent them the death certificate etc.

 

I don't have a clue, I have received letters from solicitors acting on behalf of the RBS saying they are going to repossess my house and all sorts. When it is down to the RBS.

Tomorrow I will be ringing the solicitors acting on the behalf of the RBS to explain all this to them.

 

Hannah

[honeybee13]

Here's some information from the Land Registry in case it helps.

 

http://blog.landregistry.gov.uk/title-deeds/

 

HB

[steampowered]

Once property has been registered, the title deeds are of very little use to anyone. As there was an endowment which matured recently this property will almost certainly be registered. You can check on the land registry website.

 

I don't understand why the original title deeds are necessary. Ownership of property is no longer proved by deeds; it is proved by registration on the land register. You should ask your conveyancer why he wants them.

 

I don't think it is down to RBS to contact Aviva. Endowment policies are separate to the mortgage debt. I think it is incumbent on whoever is handling probate to get that money and pay it to RBS.

[bhall]

EDITED

 

Hello Hanham.

 

I am really sorry for your loss, I can understand how hard it must be for you to deal with all of this whilst you are still grieving.

 

Back in the 80's / 90's, when someone was sold an endowment mortgage, the lender would request that the endowment is assigned to them.

 

This ensured that when the endowment matured, the funds were paid to the lender and not to the borrower.

 

However, this has not happened for many years now. The funds from the endowment will now form part of the estate and as such the executor / administrator can request payment of the funds, which can then be paid to RBS.

 

If the property is not in your name, there may be issues relating to inheretance tax (discussion for another day)

 

Steampowered is correct about the title deed and the land registry. Going by the date of the mortgage, if it wasn't already the property would have been registered at the time of the mortgage.

 

If you go on the land registry website you can download a copy of the title deed.

Edited February 6, 2015 by honeybee13
Tidying extra script.

[honeybee13]

Hello bhall, nice to see you again.

 

I've tidied up your post for you.

 

HB

[citizenB]

If you go on the land registry website you can download a copy of the title deed.

 

Further to bhall's point above - you can download a "copy" of the title deed from the Land Registry website for £3.00, I think. However, if you need a certified copy, you will need to complete the form that you will find the link for on the LR site, download it and send to the LR address with £7.00

[citizenB]

https://www.gov.uk/protect-land-property-from-fraud

 

This is the link for LR - if you scroll down you will find the link that will allow you to either download the copy (for a fee) or take you to the application form for a certified copy.

[bhall]

Hello bhall, nice to see you again.

 

I've tidied up your post for you.

 

HB

 

Thank you HB, very much appreciated

 

Hanham, I have not had the chance to read all of the guidance yet but this may be of interest to you

 

https://www.gov.uk/government/publications/whole-of-registered-title-assent-as1/completing-forms-ap1-and-as1-for-the-assent-of-a-registered-property#how-to-complete-form-ap1

 

When I get a few spare minutes over the weekend, I will read it properly and see if it useful

[bhall]

My mother died in May of last year,

she has left a property to me and my sister.

There was no will.

 

 

I was living with my mum and have decided to stay in the property,

but I needed a mortgage to pay my sister her half.

 

My mum had taken out a homeowner loan (endowment) which matured after 10 years in September 2014,

but the Royal Bank of Scotland have not been in contact with Aviva for the money yet.

 

 

Now my conveyancing solicitor is telling me he needs the deeds to change the property into my name,

but my probate solicitor is telling me he shouldn't need the deeds at all.

Which makes me wonder if he's taking me for a fool as I'm a 25 year old single girl with no parents to tell me he's wrong!!

 

The conveyancing solicitor is telling me he can't get hold of the deeds and is according to him sending out letters

- which is costing me money. When surely its easier to pick up a phone.

 

Me and my sister have done some ringing round and we found out in the same day the RBS do not have these deeds.

 

There is plenty more to my story, but

 

 

I was just wondering if any body out there knows if he indeed needs these deeds to transfer to me or not?

 

 

And if the fact my mum had a homeonwer loan has anything to do with it or not?

 

Thank you

Hannah:wink:

 

Hello Hannah

 

Have you been able to make any progress ?

[mercyblue]

Was in a very similar position a few years ago.

If the mortgage (assuming there was one of course) was taken out and paid off years ago there is no reason why the property would be registered. Are you sure the deeds aren't somewhere in the house? At the end of the term they should have been returned to the owner.

Had to send the deeds to the mortgage providers solicitors then both of us had to sign a TR1 land registry form at a local solicitors to pay off my sibling and put ownership into my name.

If it is unregistered land you would have to apply for first registration.

Oh and in simple cases it is easy to do probate yourselves just involves some form filling in and a trip to the local probate office - basically to prove who you are we were in there about 10 mins - and cost about £100.