Mortgage Deed, Is It Void? Here’s some questions to ask about your mortgage deed. Be aware, that nothing on this page or this website, is legal advice. Always do your own research.

Simply ask and answer for yourself the following questions:

  1. Is the Deed signed by the alleged Borrower [Mortgagor] in the presence of an independent witness
  2. Is the witness an individual without a vested interest in the transaction, who is not a family member]
  3. Is the witness who attested to the signature, having been present at the moment of its execution?

If the answer is “no”, for any reason whatsoever, the Deed is void ab intio.  [from the date of its purported execution]. Failing to comply with section 1(3) of the 1989 Act, under section 52 of the Law of Property Act 1925.

  1. Does the Deed record the actual date it was signed by the Mortgagor or a date which was added to the document at a subsequent time?

Where the Deed bears a date which is not the day upon which it was executed, it is void ab intio for breaching section 1(3) of the 1989 Act..

Because, [the Deed] must be complete at the moment of execution,as given by Underhill J in R [Mercury Tax Group] v HMRC.

In simple terms, nothing can be added to the document after signature, including the date. Though common practice of the conveyancing industry is advising mortgagors to leave the date blank after signature.

  1. Is the Deed supported by a mortgage contract which refers to a document  containing all of its terms
  2. And is the document signed by both the Mortgagor and the Mortgagee [the alleged Lender]?

How to Determine that a Mortgage Deed is Void

If the answer is “no”, for any reason whatsoever, the Deed is void ab initio. Because the Mortgagee fails to comply with section 2(3) of the 1989 Act. And no valid and legally enforceable mortgage can arise without such signed writing being properly executed by both parties.

Check the facts in judgments given in United Bank of Kuwait v Sahib, Murray v Guinness and Keay v Morris Homes.

Be aware, that nothing on this page or this website, is legal advice. Always do your won research.

Source: The Self-Realisation Community