The Foreclosure Deed is utilized when a borrower defaults on their mortgage obligations and all attempts at remedy have failed. This document, governed by English and Welsh property law, represents the culmination of foreclosure proceedings and requires prior court approval. It includes detailed information about the property, the original mortgage, the default events, and the court's foreclosure order. The deed must be properly executed and registered with HM Land Registry to effectively transfer the property title from the mortgagor to the mortgagee, thereby extinguishing the borrower's right of redemption.
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1. Parties: Details of mortgagee and mortgagor
2. Background: History of the mortgage, default events, and attempts at remedy
3. Definitions: Key terms used throughout the deed
4. Property Description: Detailed description of the foreclosed property including title numbers
5. Declaration of Foreclosure: Formal statement of foreclosure and transfer of title
6. Rights and Obligations: Statement of rights transferred and remaining obligations
7. Execution: Signature blocks and attestation
1. Third Party Rights: Additional section required when other parties have registered charges or other interests in the property
2. Tax Provisions: Additional section required when complex tax arrangements exist regarding the property
3. Occupied Property Provisions: Additional section required when the property is currently tenanted or occupied
1. Schedule 1 - Property Details: Detailed property description including plans and boundaries
2. Schedule 2 - Original Mortgage Terms: Copy or summary of original mortgage agreement
3. Schedule 3 - Court Orders: Relevant court orders leading to foreclosure
4. Appendix A - Title Documents: Copies of relevant title documents
5. Appendix B - Notices Served: Copies of all relevant notices served during process
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