Points to be taken a. Any deed which is signed by the mortgagor in a different physical location from that of the signature’s purported witness is void under section 1(3) of the 1989 Act, since taking such a course of action renders the execution invalid, on the basis that the signature and its witnessing must necessarily occur at the same time and place. This means all purported mortgage documents which originated from the Offer & Acceptance Letter and were signed by the intended mortgagor [but almost never the mortgagee], then posted/delivered to a different place for witnessing, are void ab initio for failing to comply with section 1(3). b. Any deed which is dated on a day different to the day of execution is also void under section 1(3), on the ground that an incomplete deed cannot be said to have been validly executed because it must be complete at the moment of execution, as per the judgment of Underhill J in R [Mercury Tax Group] v HMRC and the decision of the Land Registry adjudicator known asGarguilo
Posted on: Thu, 31 Jul 2014 23:04:30 +0000
Trending Topics
Recently Viewed Topics
© 2015