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Loan Against Property · Question
Short answer
The lender normally keeps the original title documents in safe custody until the loan is repaid in full. You usually receive a signed acknowledgement or checklist of everything handed over. You keep using the property, but you cannot sell, lease or take another loan against it freely, because the lender holds the papers and a recorded charge. Ask for custody details in writing.
Holding the original documents is part of how a lender protects its security. Without the originals, a borrower cannot easily sell the property or create a competing charge, and the lender keeps the evidence of title.
Never hand over papers without a written, itemised receipt. Compare the list with your own record of what you gave, including every page or annexure. Keep the receipt safe, because it is your evidence of what the lender holds.
Do not accept a vague receipt
A receipt saying only "title documents" is hard to rely on later. Insist that each document is named and described, and that the lender signs and dates the list.
If the lender has created a charge by depositing title deeds instead of registering a deed, the custody of originals is even more important, because the deposit itself is what creates the security. The glossary covers this as an equitable mortgage.
Also ask what happens if documents are lost or damaged while in custody, and how the lender would help you obtain duplicates.
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