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151 Farnham Lane, Slough, was in Mr and Mrs O’Brien’s names jointly.They had a £25,000 mortgage to a building society. Mr Tucker, who worked for Barclays Bank plc, when the mortgage was increased to £60,000 in 1981 made a note that Mrs O’Brien might be a problem.
Once you pay off your mortgage, the mortgage lender — also referred to as the “trustee” — creates the deed of reconveyance document. The lender then signs this document and has it notarized.
The Law of Property Act 1925 section 85 say that a mortgage requires a deed (under LPMPA 1989 section 1, a document that is signed, witnessed and states it is a deed). Under the Land Registration Act 2002 sections 23 and 27, a notice of a mortgage must be filed with HM Land Registry for the mortgage to be effective.
Twyne's case (1601) 76 ER 809; 3 Co. Rep. 80b is a UK insolvency law case, concerning a fraudulent conveyance.Representative of earlier English law, it was considered that any transfer of property from a debtor to a creditor, after which the debtor remained in possession of that property, was a fraudulent act intended to defraud creditors. [1]
In March 1998, after Bank of Scotland had withdrawn their product, Barclays Bank launched their shared appreciation mortgage. Like Bank of Scotland's zero-interest mortgage, the maximum loan to property value ratio (LTV) was 25%, no interest was charged, and the lender's share of the appreciation was three times the LTV.
The assumption of a mortgage by the purchaser is typically included as part of the deed, although there is no requirement that it has to be in writing. In most jurisdictions, an explicit assumption is required. If a deed is silent or ambiguous on the matter, the court will assume the purchaser did not intend to assume the mortgage.
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