A Standard Completion Certificate to be enclosed in the mortgage lender’s instructions to the solicitors for the solicitors’ firm to confirm completion of the mortgage transaction.
In deciding whether to adopt the Certificate as its prescribed form of the completion certificate, the mortgage lender should consider whether the Certificate is compatible with its operational procedures and the requirements of the loan transaction. The use of the Certificate for any mortgage transaction is entirely voluntary by the mortgage lender or the solicitors’ firm.
The Certificate contains confirmations given by the solicitors’ firm as regards the title of the property, the bankruptcy / winding up / company search of the mortgagor/borrower and such other matters as are required by the mortgage lender in the relevant instruction letter. The solicitors’ firm also undertakes in the Certificate that they will attend to the registration of the mortgage and the delivery of the title deeds within the specified time limit.
The mortgage lender should be aware that the Certificate is addressed to, and for the benefit of, the addressee mortgage lender only. Accordingly, the benefit of the matters opined on by the solicitors is not able to be passed on to the mortgage lender’s successors or assigns.
This document should be carefully read by the Individual Solicitors and Mortgage Lenders.
Both parties should sign and return a copy, and once signed, both parties should get a copy. To avoid any future disputes, both parties may wish to have their signatures witnessed.
The specific property, jurisdiction state, and date of disclosure should all be clearly stated in the certificate.
If either party wishes to amend the agreement in the future, both parties should agree to do so, and the original agreement and amendments should be recorded in writing and signed by both parties.
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registration of mortgage,
delivery of title deeds,
certificate of completion,
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