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Mortgage Cancellation Deed for the United Kingdom

Mortgage Cancellation Deed Template for England and Wales

A Mortgage Cancellation Deed is a legal document used in England and Wales to formally discharge a mortgage over a property. It serves as definitive evidence that the mortgage has been fully satisfied and the charge can be removed from the Land Registry. The deed must comply with the requirements of the Law of Property Act 1925 and the Land Registration Act 2002, and typically requires execution as a deed by the mortgagee.

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Mortgage Cancellation Deed

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What is a Mortgage Cancellation Deed?

A Mortgage Cancellation Deed is essential when a borrower has fully repaid their mortgage and requires formal confirmation that the property is free from the lender's charge. This document is commonly used in England and Wales when refinancing property, selling property, or after completing mortgage payments. The deed must be properly executed to be valid under English law and must contain specific information including property details, original mortgage information, and clear statements of cancellation. Once executed, it enables the removal of the mortgage from the Land Registry records.

What sections should be included in a Mortgage Cancellation Deed?

1. Parties: Details of the mortgagee (lender) and mortgagor (borrower)

2. Background: Details of the original mortgage, property, and reason for cancellation

3. Definitions: Key terms used in the deed

4. Cancellation Declaration: Formal statement of mortgage discharge

5. Property Description: Legal description of the mortgaged property

6. Execution Provisions: Signature blocks and witnessing requirements

What sections are optional to include in a Mortgage Cancellation Deed?

1. Partial Discharge: Used when only part of the mortgage is being cancelled - applicable for multiple properties under single mortgage

2. Corporate Authority: Statement of corporate power to execute - required when either party is a company

3. Further Assurance: Commitment to execute additional documents if needed - used for complex cancellations or where additional steps may be required

What schedules should be included in a Mortgage Cancellation Deed?

1. Property Schedule: Detailed legal description of property/properties

2. Original Mortgage Details: Copy or details of the original mortgage agreement

3. Land Registry Forms: Form DS1 or other relevant land registry forms

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Document Type

Mortgage Document

Cost

Free to use
Relevant legal definitions















Clauses


















Industries

Law of Property Act 1925: Primary legislation governing property law in England and Wales, particularly sections relating to mortgages, their discharge, and requirements for deed execution

Land Registration Act 2002: Key legislation covering the requirements for removing charges from the Land Register and procedures for updating title records

Trustee Act 2000: Legislation relevant when mortgages are held in trust or by trustees, governing trustee duties and powers

Financial Services and Markets Act 2000: Establishes the regulatory framework for mortgage lenders and financial services in the UK

Land Registration Rules 2003: Detailed regulations specifying requirements for land registry forms and procedures, including Form DS1 for discharge of registered charges

FCA Mortgage Conduct of Business Rules (MCOB): Regulatory requirements governing mortgage lenders' conduct and ensuring fair treatment of customers

Companies Act 2006: Relevant for execution requirements and corporate authority when either party to the deed is a company

Electronic Communications Act 2000: Legislation governing the validity and use of electronic signatures and communications, relevant if electronic execution is contemplated

Teams

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