What Is a Mortgage Deed?

A mortgage deed is the legal document that gives your lender a charge over your property. Signing it is a key step in the remortgage process, so it's worth understanding what it means.

What a Mortgage Deed Contains

A mortgage deed is a legal document that creates a 'charge' on your property in favour of the mortgage lender. By signing it, you agree that the lender has a legal interest in your home as security for the loan. If you fail to keep up your mortgage repayments, this charge gives the lender the right to take possession of the property and sell it to recover their money.

The deed typically contains your name, the property address, the lender's name, and the terms of the charge. It doesn't usually specify the interest rate or monthly payment — those details are in the mortgage offer document. The deed is specifically about the legal charge on the property.

When You Sign the Mortgage Deed

You'll sign the mortgage deed as part of the legal process when remortgaging. Your conveyancer or solicitor will send it to you along with other documents that need signing before completion. You must sign it in the presence of an independent witness — someone over 18 who isn't a party to the mortgage.

It's important to read the deed carefully before signing, even though it's largely standard legal language. Your conveyancer should explain anything you're unsure about. Don't rush this step — you're creating a legal obligation, and you should be comfortable with what you're agreeing to.

What Happens to the Mortgage Deed After Completion

After you sign the deed and the remortgage completes, your conveyancer registers the new lender's charge at HM Land Registry. The deed is then stored — either by the lender, the conveyancer, or at the Land Registry in digital form. Most lenders now hold deeds electronically.

When you eventually pay off your mortgage in full, the lender discharges their charge at the Land Registry. This removes their legal interest in your property, confirming that you own it outright and free of any mortgage debt.

Important: Your home may be repossessed if you do not keep up repayments on your mortgage. There will be a fee for mortgage advice. The actual rate available will depend on your circumstances. Think carefully before securing other debts against your home.

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Frequently Asked Questions

No. Title deeds prove who owns the property, while a mortgage deed creates a legal charge on the property in favour of the lender. Your property's title is registered at HM Land Registry, and the mortgage deed is a separate document that records the lender's interest against that title. When your mortgage is paid off, the charge is removed, but the title deeds remain.

Your mortgage deed must be witnessed by an independent adult (over 18) who is not a party to the mortgage. This means your spouse or partner who is on the mortgage cannot be your witness. A friend, neighbour, colleague, or family member who isn't on the mortgage can act as witness. The witness provides their name, address, and signature.

Since most property and mortgage records in England and Wales are now registered electronically at HM Land Registry, losing a physical mortgage deed is unlikely to cause significant problems. The lender and Land Registry both hold records of the charge. If you need a copy, contact your lender or solicitor. The Land Registry can also provide copies of registered documents for a small fee.