Original mortgage redemption letter

Hi
we are trying to buy a property that will need first registration.
sellers have lost mortgage redemption letter from 11 years ago.
they are trying to get a copy of original or similar stating mortgage paid off - would this be acceptable for us to register once transaction takes place?
many thanks 

Hi Claire - very much a Q for your conveyancer and not HMLR. You will need evidence that the charge has been paid off and I doubt if your conveyancer/own lender would let you complete without it. 

What constitutes proof?
Would a duplicate redemption statement or letter confirming redemption issued by the lender be acceptable to land registry?

many thanks

Claire - that's for the conveyancer to decide. If the property were registered then we would expect a form DS1 to confirm that the charge had been discharged.
Mortgages aren't redeemed by way of a letter. Lenders will 'discharge' their legal charges (mortgages) by way of a form DS1 

Hi 

thanks for your response.

another potential problem we are facing - the property has right of access across drive for one neighbour, this is their only access and has been in continuous use for decades. We are happy for this to continue in the same way.

No formal agreement exists just obvious access and common sense.

would this pose a problem to us making first registration?

many thanks

Claire - it doesn't pose a problem but is something to be considered as part of any application for first registration 
PG1 section 4.3.5.2 refers - Practice guide 1: first registrations - GOV.UK
The neighbour may also wish to consider PG 52 - Easements claimed by prescription (PG52) - GOV.UK

Hi

After a long conversation with our solicitor, it appears that sellers have lost original mortgage redemption and are having trouble getting as original lender no longer exists. Is there anything else seller can provide that would be acceptable to land registry? They assure us it was paid off but we have no way of knowing for sure as property unregistered. What happens in such situations land registry wise? People must lose or have documents destroyed in fires etc.

Many thanks for any advice.

Claire - they should submit whatever evidence they have and that could for example include a statement of truth with regards the facts you refer to. 
If docs are lost/destroyed then someone needs to provide the facts to confirm what was lost/destroyed, how it happened and what efforts (inc failures) have been attempted to remedy the scenario

Thanks for previous replies

sellers solicitors have traced mortgage with Nationwide 
. They have issued a Deed of Release, is this acceptable to land registry to make first registration or is anything else required?

many thanks again

Claire - we won't know until an application is submitted. A Deed of Release is generally used when releasing tights/easements and not charges. But I'm sure your conveyancer/Nationwide can clarify/confirm what's acceptable

Hi

We now have letters from lender stating mortgage was paid off in full.

Property requires first registration upon purchase.

Our solicitor claiming this is not enough to satisfy land registry and we need a DS1 (to make first registration) sellers solicitors argue it is more than enough to make first registration and DS1 is used to remove a charge. As property is unregistered, there is no Title Deed to remove a charge from.

Can you advise on this please? Or point me to the Land Registry guidance on this?

Many thanks

Hi Claire - PG 1 and section 4 explains what deeds/documents are required when submitting a first registration
Practice guide 1: first registrations - GOV.UK
Charges against unregistered land/property are generally protected by way of a Land Charge - see section 4.4.5 specifically.
If it was protected and then paid off there should be a clear Land Charges search.
Very much something your conveyancers are going to have to consider and decide upon