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Publications on this website are provided as a service to clients, colleagues, and others for general information only. This information is not designed to provide legal or other advice or create a lawyer-client relationship. You should not take, or refrain from taking action based on its content.

The tale of the registered mortgage and the missing lender...

Picture this. You borrow some funds from a friend or a friend of a friend, or simply a private lender (non-bank) that you were introduced to via a third party. The lender secures the loan via a mortgage over your house. In time you re-pay the debt and assume that the mortgage has been lifted off the title of your property. Years later you decide to sell the property, but discover that although the debt has been repaid the mortgage is still registered over your land. Worse still, you have not had any contact with the lender for many years and they appear to have moved. You cannot find them and their lawyer has retired. What can you do? A mortgage prevents a property from being dealt with in m

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