Mortgage paid off, charge still on LR, lender no longer exists

Posted Tue, 14 Jan 2025 12:08:53 GMT by Lisa Kidston

Hi.

A mortgage was paid off over 10 years ago but their is still a charge showing on the Register. The lender ceased many years ago. How can we get the charge removed?

Posted Tue, 14 Jan 2025 12:27:04 GMT by Adam Hookway

Hi Lisa - legal charges (mortgages) are discharged by way of a form DS1 or electronically by the named lender as appropriate
If you don't have a form DS1 from the lender then it's legal advice/assistance you will require as if the lender has 'ceased' then you may need to apply to the court to discharge the legal charge

Posted Tue, 14 Jan 2025 13:11:24 GMT by Lisa Kidston

Can you go to court to get it discharged if there wasn't a court order in the first place? The charge is a Registered Charge dated 17 June 2008. The mortgage was a first mortgage with Dumfermline Building Society.

Posted Tue, 14 Jan 2025 13:16:21 GMT by Adam Hookway

Lisa - yes. Is the property that's subject to the legal charge a Scottish property by any chance?
And if my history is correct that BS, Dunfermline (not Dumfermline) became part of Nationwide BS in 2009

Posted Tue, 14 Jan 2025 13:25:10 GMT by Lisa Kidston

No, the property is in England. So, do you think we should approach Nationwide BS? The mortgage was paid off in 2008 and there is a letter from Dunfermline confirming that the mortgage has been paid in full.

Posted Tue, 14 Jan 2025 13:28:01 GMT by Adam Hookway

Lisa - Yes. What's the title number please?

Posted Tue, 14 Jan 2025 13:52:18 GMT by Lisa Kidston

It's CU119562
The mortgage was paid off in 2013, not 2008.

Posted Tue, 14 Jan 2025 14:07:37 GMT by Adam Hookway

Thanks Lisa - that's fine and just wanted to see if there was anything in the background that might have helped re the legal charge. But as posted already my advice would be to approach Nationwide BS for assistance in the first instance
The charge is still in the name of DBS so hasn't been transferred to NBS directly but hopefully NBS can assist you with a way forward

Posted Tue, 14 Jan 2025 14:09:46 GMT by Lisa Kidston

Thanks Adam. I'll try that route first.

Posted Tue, 14 Jan 2025 14:10:41 GMT by Adam Hookway

Lisa - if you hit a brick wall then please post again if you wish to

Posted Tue, 14 Jan 2025 15:14:21 GMT by Lisa Kidston

Hi Adam.Tried Nationwide. They don't have any record of the mortgage and advised that they didn't take everything over until June 2014, which is after the mortgage was paid off. Is there anyway a DS2 (or should it be an AS1?) can be submitted (along with the letter from Dunfermline confirming mortgage has been paid off without the DS1?

Posted Wed, 15 Jan 2025 07:05:22 GMT by Adam Hookway

Hi LIsa - it would be a DS2 or AP1. An AS1 is an Assent used to transfer land to a beneficiary after a death.
I very much doubt that the letter will be enough