In a registered title sale with an existing mortgage, who should submit a certificate of title?

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Multiple Choice

In a registered title sale with an existing mortgage, who should submit a certificate of title?

Explanation:
In a registered title sale, the registration of the new owner on the title is handled by the purchaser’s solicitor. The certificate of title is evidence of the seller’s title that the buyer relies on to prove ownership, and it’s the buyer’s lawyer who submits this document to the Land Registry as part of completing the transfer. The seller’s solicitor provides the title evidence but does not file it themselves. The existing mortgage lender is involved to arrange discharge or consent as needed, and the new lender may be involved for financing, but neither is the one who files the certificate of title. Therefore, the buyer’s lawyer is the correct person to submit the certificate of title.

In a registered title sale, the registration of the new owner on the title is handled by the purchaser’s solicitor. The certificate of title is evidence of the seller’s title that the buyer relies on to prove ownership, and it’s the buyer’s lawyer who submits this document to the Land Registry as part of completing the transfer. The seller’s solicitor provides the title evidence but does not file it themselves. The existing mortgage lender is involved to arrange discharge or consent as needed, and the new lender may be involved for financing, but neither is the one who files the certificate of title. Therefore, the buyer’s lawyer is the correct person to submit the certificate of title.

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