What is a Mortgage Deed and how do I Go About Signing and Witnessing?

What is a Mortgage Deed and How do I go About Signing and Having it Witnessed?

A mortgage deed is any legal instrument, in writing which passes, affirms or confirms an interest, right or property. It must be signed, attested, delivered and in some jurisdictions (but no longer England and Wales), sealed. It is commonly associated with transferring title to property usually known as conveyancing.

How should the deed be signed and witnessed?

The Land Registry have recently issued updated guidance as to how deeds should be executed (or signed and witnessed).

Each individual must sign “in the presence of a witness who attests the signature” (s1(3) LP (Miscellaneous Provisions) Act 1989).

The witnesses’ signature must be clear and they must also print their name and address beneath their signature. Once again this should be printed clearly.

Who can witness a mortgage deed?

The same witness may witness each individual signature, but each signature must be separately, attested (in other words the witness must sign and print their details as for the first names signatory to the deed).

A party to the deed cannot witness the signature of another party to the deed.

The relevant legislation does not prevent a signatory’s spouse, civil partner, or cohabitee from acting as a witness (if they are not a party to a deed), but according to the Land Registry (and indeed our advice) this is best avoided.

How old should the witness be?

It is also advisable that the witness be no younger than 18 years old or, at least, of sufficient maturity for their evidence to be relied on should it later prove necessary to verify the circumstances under which the execution took place.

If you are looking for a first rate conveyancing service why not give one of Alexander JLO’s specialist property lawyers a call on 020 7537 7000, click on the get a quote button or email quote@london-law.co.uk for a free, no-obligation quotation? Come and see what we can do for you.

This blog was prepared by Alexander JLO’s property partner Matt Johnson on 28th March 2020 and is correct at the date of publication. Matt has many years of experience of dealing with property work and specialises in new build and shared ownership properties.  His profile on the independent Review Solicitor website and be found here