Q&As

Do mortgage deeds need to be executed by the mortgagee or just the mortgagor? If separate counterparts are executed, do both counterparts need to be registered?

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Produced in partnership with James Hall of Hardwicke Chambers
Published on LexisPSL on 12/10/2017

The following Banking & Finance Q&A produced in partnership with James Hall of Hardwicke Chambers provides comprehensive and up to date legal information covering:

  • Do mortgage deeds need to be executed by the mortgagee or just the mortgagor? If separate counterparts are executed, do both counterparts need to be registered?

Do mortgage deeds need to be executed by the mortgagee or just the mortgagor? If separate counterparts are executed, do both counterparts need to be registered?

In order to be effective to grant security to the mortgagee, a mortgage does not need to be executed by the mortgagee as well as the mortgagor (see: Target Holdings Ltd v Priestley, Helden v Strathmore Ltd and Rollerteam v Riley). A mortgage is a disposition of an interest in land and therefore only needs to be executed, as a deed, by the mortgagor, per sections 52 and 53 Law of Property Act 1925 and s 1 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989); it is not an agreement to dispose of an interest in land (which would be subject to LP(MP)A 1989, s 2), which

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