In relation to the redemption of the existing mortgage on the property, what form of document would the buyer's lawyer require from you on or before completion, and what would you need to obtain and check before providing this?

• A. A written undertaking in TA13 (or in replies to Requisitions on Title) to discharge the mortgage forthwith, and to deliver Form DS1 or confirmation of e-discharge; obtain a redemption statement with a daily rate.
• B. A letter confirming goodwill to discharge the mortgage.
• C. A copy of the mortgage deed only.
• D. A mortgage release fee.

Answer: (A)

The key idea is that the seller must provide the buyer with a clear commitment and the proper discharge documents to remove the lender’s mortgage from the title on completion. The buyer’s lawyer will expect a written undertaking from the seller’s side to discharge the mortgage forthwith at completion, together with the discharge document itself—usually Form DS1 in paper form or the equivalent electronic discharge. This ensures the mortgage is formally cancelled and the title can be transferred free of that charge.

Before giving this, you would need to obtain from the lender a redemption statement showing exactly what is payable to redeem the mortgage as at completion, including any daily rate if there’s a delay in redeeming. You would check that the redemption figure is correct and that the lender is prepared to issue the discharge (DS1 or e-discharge) promptly once funds are received, so the buyer’s title can be unencumbered.