Mortgage Deed Of Title

Back in 2012, the Financial Ombudsman Service ruled in my favour that my mortgage supplier at the time, Kensington, had acted inappropriate and unlawful and denied me access to an insurance taken out at conveyancing. On the mortgage document, Kensington had entered the payment as a 'disembursement' payment, and didn't show as insurance, so although I had the right to claim at the time, I was told constantly I had no cover until the FOS were involved.
Ruling in my favour, the FOS suggested Kensington offer concessions to get back on track. At the time, because of arrears mounting through sickness, I went interest only to catch up.
Kensington offered no concessions and also would not discuss going back to repayment. A long drawn out battle ensued until Covid.
Once Covid past, I wrote a letter of complaint, to which was answered withing 1 week, then my mortgage sold to Engage Credit.
Stating Ts and Cs would remain the same, it turns out Engage are a servicer only, not a lender. Therefore they cannot fulfill the original Ts and Cs of my mortgage.
Still on interest only, I asked for a copy of the document signed on completion.
All I got in return was the last page of the document, stating at the foot of the signed page 'THIS DOCUMENT IS INCOMPLETE WITHOUT THE PRECEEDING PAGES'. To me this was strange, so I again asked for a DSAR, from both Engage and Kensington.
I got both, but no complete document, and apart from a copy of the mortgage offer, they have nothing else. Nothing to show the insurances, interest rates charged on completion, nothing at all.
I believe I have good grounds to apply to have the charge on the property removed, but don't know how to start that process, as there is mo full document to show any Terms and Conditions I'm now being held under.
Can anyone please advise my next step, as I have tried for a long time to get legal help, but there is not many firms out there who specialises in this type of case.
Thank you in advance. Neil.

3 Answers

The form to remove a charge is a DS1 (submitted either with form DS2 or form AP1) but unless the DS1 is signed by the lender you will have to supply proof that the charge is not valid. It doesn't sound like you have that, and HMLR cannot adjudicate in these circumstances. I suspect that you would need a court order to have the charge removed.

Hi, thanks for the answer, much appreciated.
I will supply the forms you mention, and know certainly, Engage wont sign it, but also know I have good grounds to apply to a court and possibly get a charge order removed. What im stuck with in that sense is what form I need to submit to a court, and how to work possible fees out also. Thanks again.

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