Legal help

1875

LEGENDARY RADGE
Joined
Jul 17, 2003
Nothing serious, I paid my mortgage off recently and our lender has sent me our title documents. They have asked I arrange for a solicitor to prepare a discharge document to release charge on my property.

Anyone recommend a brief who can help without paying top dollar?
 
Nothing serious, I paid my mortgage off recently and our lender has sent me our title documents. They have asked I arrange for a solicitor to prepare a discharge document to release charge on my property.

Anyone recommend a brief who can help without paying top dollar?
You get charged for clearing the mortgage? I never knew that.

Squeeze the last bit of money from folk.
 
First of all, congratulations on hittng the milestone of getting rid of the millstone! I hope you feel suitably liberated.

In answer to our question, I cannae mind how much it was an don't know if it was a good rate, but I used Mcdougall mcqueen and it was a hassle free job.
 
Nothing serious, I paid my mortgage off recently and our lender has sent me our title documents. They have asked I arrange for a solicitor to prepare a discharge document to release charge on my property.

Anyone recommend a brief who can help without paying top dollar?

Shouldn’t cost you to release a charge. The charge is normally to secure any future lending on the property. Is there a balance on the charge and do you have a Grant of probate?
 
Nothing serious, I paid my mortgage off recently and our lender has sent me our title documents. They have asked I arrange for a solicitor to prepare a discharge document to release charge on my property.

Anyone recommend a brief who can help without paying top dollar?
Try Watermans down the shore, had a few dealings with them and they've usually been the best price vs other quotes I've got
 
Nothing serious, I paid my mortgage off recently and our lender has sent me our title documents. They have asked I arrange for a solicitor to prepare a discharge document to release charge on my property.

Anyone recommend a brief who can help without paying top dollar?
Sean McMillan at Warners is a good lad, he is fair and reasonable too.
 
Thanks all, is there anything I need to do registering my ownership with the register of Scotland?
 
Nothing serious, I paid my mortgage off recently and our lender has sent me our title documents. They have asked I arrange for a solicitor to prepare a discharge document to release charge on my property.

Anyone recommend a brief who can help without paying top dollar?
Should be straightforward and not too dear, get solicitor to store title deeds for you.
If you haven't already done so make a will and get power of attorney, especially social, in place saving any hassle once you get round to needing it.
 
Nothing serious, I paid my mortgage off recently and our lender has sent me our title documents. They have asked I arrange for a solicitor to prepare a discharge document to release charge on my property.

Anyone recommend a brief who can help without paying top dollar?

We used Caeser and Howie at Almondvale for wills & guardianship stuff, pretty reasonable and close to you mate.
 
A couple of questions on this thread I can help provide an answer to.

First of all congratulations to 1875 for paying off his mortgage....it's a great feeling !

Apologies, I can't recommend any solicitor to prepare the Discharge, but they can all do it, and most of them will charge around about the same.
The reason this has to be done when a mortgage is paid off, is because your Title record at Registers of Scotland will still show that there is an outstanding charge on your property (it's called a Standard Security) therefore as it stands, the property is still held in security by the bank or lender. Effectively they still own it.

A discharge document is therefor required to be drawn up and registered with Registers of Scotland.
It can be done at any time, but the problem would arise later on if you come to sell the property and there is still an outstanding charge.
It's best just to get it over and done with now if you can.

The fee to be paid will include the fee to the solicitor and also a registration fee to Registers of Scotland.
Has to be done really, and it's best that it's done as soon as possible.
I paid the mortgage off on my flat 8 years ago, so made sure I got the Discharge done right away.
 
Nothing serious, I paid my mortgage off recently and our lender has sent me our title documents. They have asked I arrange for a solicitor to prepare a discharge document to release charge on my property.

Anyone recommend a brief who can help without paying top dollar?
The Title Deeds are held electronicly by Rgistrars of Scotland now. If that's any help.
 
I know when I had to sell my last wee prefab the lawyer took £200 for some obscure reason.

I was joking when I said was it like in a soap opera when some relative appears who you've never heard off?

Yep. That was the reason. And it was non returnable.
 
I know when I had to sell my last wee prefab the lawyer took £200 for some obscure reason.

I was joking when I said was it like in a soap opera when some relative appears who you've never heard off?

Yep. That was the reason. And it was non returnable.
that was to top up his pension. He didnt pay any tax on it either mate
 
  • Haha
Reactions: Dub
that was to top up his pension. He didnt pay any tax on it either mate
Well that would be ok but lawyers are the parents of politicians.

Here I've always paid tax. But the customer was always happy to save that 20%.

So I am of course a noble son who wouldn't defraud anyone.

But the customer........
 
Well EG tis true. Most folk love saving the 20% so they can spend it on themselves.

I still get what I wanted for said job. And I spend it on d***k and d***s so it goes back into circulation.
 
Paid off my mortgage when I got weighed in for our last hoose. Deeds for the hoose I’m in now are wi McEwan Fraser who sold my auld hoose and I’m sure paid £130 discharge fee. That was 5 years ago so it’s probably mare now.
 
Must be different rules in Scotland to England mate.
Same rule mate

How to discharge a mortgage in the UK?

You get a letter from the bank, confirming that you've paid off the mortgage, and then you have to pay a solicitor to discharge the standard security held against the property in the land registry
 
Same rule mate

How to discharge a mortgage in the UK?

You get a letter from the bank, confirming that you've paid off the mortgage, and then you have to pay a solicitor to discharge the standard security held against the property in the land registry

Fair enough mate 👍
 
I’ll add this to the list of things I never knew. I paid off my mortgage a wee while ago and never realised I had to do this. But now I do. Football forums eh?
 
It was news to me as well. But I should have tippled when I needed to part with £200 incase a forgotten relative showed up.

I had a mare back in the day.

The daftie originally doing the work died from an overdose then the new lot made me go through the whole thing again.

Bastard lawyers. Money for auld rope.
 
I’ll add this to the list of things I never knew. I paid off my mortgage a wee while ago and never realised I had to do this. But now I do. Football forums eh?
As I said, it's not imperative that it gets done right away.
I just think it's better that your title record is accurate, and that it doesn't show that there is an outstanding charge over your property when you have actually paid off the loan on your property..
If you come to sell your house though, it would have to be done then.
Many solicitors just don't explain the situation clearly enough to their clients.
I'd have a word with your solicitor about it. They are legally qualified to go over it all, whereas I am not.
 
As I said, it's not imperative that it gets done right away.
I just think it's better that your title record is accurate, and that it doesn't show that there is an outstanding charge over your property when you have actually paid off the loan on your property..
If you come to sell your house though, it would have to be done then.
Many solicitors just don't explain the situation clearly enough to their clients.
I'd have a word with your solicitor about it. They are legally qualified to go over it all, whereas I am not.
Thanks. I don’t actually have a solicitor at present as lawyers bring me out in hives. But needs must…
 
Just a point on Power of Attorney. Obviously you have to be comfortable with signing up for this, but it is highly recommended. It's not just the onset of I'll health. If you were in an accident or had a stroke which was debilitating, there could be circumstances where financial and social decisions have to be made for you.

Without power of attorney this might be a legal guardianship. This is a nightmare. You have to go before a sheriff and there's a lot of process, for example annual accounts submitted to the Office of the Public Guardian. I know of a situation where the OPG had to give permission to sell a house and agree the selling price when a person who was subject to a guardianship went into care.

With power of attorney none of that applies. You agree it at the solicitors and it can kick in when needed. But you can only do it if the lawyer seems you capable of making the decision.
 
Just a point on Power of Attorney. Obviously you have to be comfortable with signing up for this, but it is highly recommended. It's not just the onset of I'll health. If you were in an accident or had a stroke which was debilitating, there could be circumstances where financial and social decisions have to be made for you.

Without power of attorney this might be a legal guardianship. This is a nightmare. You have to go before a sheriff and there's a lot of process, for example annual accounts submitted to the Office of the Public Guardian. I know of a situation where the OPG had to give permission to sell a house and agree the selling price when a person who was subject to a guardianship went into care.

With power of attorney none of that applies. You agree it at the solicitors and it can kick in when needed. But you can only do it if the lawyer seems you capable of making the decision.

You should try the Guardianship process. Needs to be in place for turning 16 but you cannot begin until 15 and a half.
Edinburgh city council currently taking just shy of 2 fvcking years to carry out assessments so we'll be lucky to have it by his 18th.
 
It’s a standard process for solicitors and a set fee. I used Black & McCorry down Livi village. It was £240 for me in 2023. You could shop around but imagine they’ll all be roughly the same.

Will give them a call, I popped notes to Watersons and Warners too. Need a will done too.
 
You should try the Guardianship process. Needs to be in place for turning 16 but you cannot begin until 15 and a half.
Edinburgh city council currently taking just shy of 2 fvcking years to carry out assessments so we'll be lucky to have it by his 18th.
Wankers, had same wi my brother and the DWP. Had tae pay his care home for months before they got his package sorted.
 
Aye Billy they think every fucker has spare cash laying around.

It causes families severe hardship.
 
A couple of questions on this thread I can help provide an answer to.

First of all congratulations to 1875 for paying off his mortgage....it's a great feeling !
First of all, congratulations on hittng the milestone of getting rid of the millstone! I hope you feel suitably liberated.

Thanks guys, it is a great feeling/ Tomorrow is a big day as I get my salary and no mortgage to come off.

As EGB know, I have a long term plan to escape the rat race, sorting the solicitor out is point 8 of my 12 point plan.
 
Will give them a call, I popped notes to Watersons and Warners too. Need a will done too.
If you are getting a will done, also worth considering power of attorney - which i forgot and have now needed to do separately. This is so if anything happens to you Mrs 1875 can get access to your bank accounts etc, and vice versa.

We set it up so we had PoA for each other and then the kids as backups in case we both went down in a plane or whatever.