Ancient Mortgage Affidavit for the United Kingdom

Ancient Mortgage Affidavit Template for England and Wales

An Ancient Mortgage Affidavit is a sworn legal document used in England and Wales to formally declare and provide evidence that an old mortgage has been satisfied, despite the absence of formal discharge documentation. It is typically used when dealing with historical mortgages that appear on property titles but are believed to have been paid off, helping to clear title issues and facilitate current property transactions. The document must comply with the Law of Property Act 1925 and related legislation.

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What is a Ancient Mortgage Affidavit?

An Ancient Mortgage Affidavit becomes necessary when historical mortgages appear on property titles in England and Wales but formal discharge documentation is unavailable. This commonly occurs with mortgages that are several decades old, where the original lender may no longer exist or records have been lost. The affidavit serves as evidence supporting the presumption of satisfaction under the Limitation Act 1980 and helps remove these obsolete entries from the Land Registry. It must include detailed information about the original mortgage, evidence supporting its satisfaction, and comply with strict legal requirements for sworn statements.

What sections should be included in a Ancient Mortgage Affidavit?

1. Declaration Header: Formal opening stating the deponent's details and basis for making the affidavit

2. Property Details: Full description of the property subject to the ancient mortgage

3. Mortgage Details: Information about the original mortgage, date, parties, and amount

4. Evidence of Payment/Satisfaction: Details supporting the presumption that the mortgage has been satisfied

5. Statement of Truth: Formal declaration of the truth of the contents

What sections are optional to include in a Ancient Mortgage Affidavit?

1. Title Investigation Results: Include when additional title searches have been conducted

2. Third Party Confirmations: Include when other parties can confirm payment or satisfaction

3. Historical Evidence: Include when historical documents support the claim

What schedules should be included in a Ancient Mortgage Affidavit?

1. Copy of Original Mortgage: If available, certified copy of the original mortgage deed

2. Land Registry Records: Official copies of relevant land registry entries

3. Supporting Documents: Any additional evidence supporting the affidavit claims

4. Chain of Ownership: Documentation showing property ownership history

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Industries

Law of Property Act 1925: Primary legislation governing property law in England and Wales, particularly relevant for mortgage provisions, discharge requirements, and 12-year satisfaction presumption rules

Limitation Act 1980: Establishes statutory limitation periods for mortgage-related claims and contains provisions regarding presumption of payment

Land Registration Act 2002: Sets out requirements for land registration, procedures for removing obsolete entries, and evidence requirements for land registry matters

Civil Evidence Act 1995: Governs requirements for affidavit evidence and admissibility of documentary evidence in civil proceedings

Civil Procedure Rules (CPR): Contains rules regarding affidavit format, statement of truth requirements, and general content requirements for legal documents

Land Registration Rules 2003: Provides specific requirements for land registry applications and evidence requirements for removing entries from the register

HM Land Registry Practice Guide 29: Specific guidance on removal of charges from land registry records

HM Land Registry Practice Guide 8: Guidance on execution of deeds and related documentary requirements

Common Law Doctrine of Presumed Satisfaction: Legal principle regarding the presumption of mortgage satisfaction after a significant period of time

Ancient Documents Rule: Common law principles regarding the treatment and authenticity of ancient documents and their evidential value

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