Deed of legal charge - who can witness?

boonerz

Quick question. Who can witness a deed of legal charge for a mortgage? It says on the letter from my solicitor that it cannot be a relative. But I was wonering if this just meant blood relatives or if it incuded someone like a brother-in-law? I need to get this done this weekend and so obviously cannot get hold of my solicitor for advice.

opinions4u

A brother-in-law is a relative and wouldn't be an appropriate witness.

Try a next door neighbour!

Joe_Bloggs

Ideally they should know who you are and be able to read what they are witnessing. A next door neighbour is a good choice and that's what I did. I had to explain the nature of the document and reassure them that It was for my property and not theirs.
J_B.

bryanb

Surely it's only the signature that must be witnessed? content of the document can remain private.

Joe_Bloggs

Would you sign something without reading the nature of the document ?
J_B.

bryanb

Joe_Bloggs wrote: »

Would you sign something without reading the nature of the document ?
J_B.

Yes, I have witnessed many signatures. The nature of the document is not relevant, when you are witnessing that the person named wrote the signature himself/herself.

Joe_Bloggs

If you don't know what they signed up to then what was the point of you witnessing their signature ?
J_B.

bryanb

Joe_Bloggs wrote: »

If you don't know what they signed up to then what was the point of you witnessing their signature ?
J_B.

That is exactly the point, "you" are witnessing that they signed, not someone else!

Joe_Bloggs

I could have been a witness to a library card application or a deed of legal charge If I don't check the document then I will never know what I witnessed being signed.
J_B

bryanb

You don't need to know. I give up, Ask a solicitor.

cottager

Agreed. Someone please correct me if I'm wrong, but I've always understood a witness (W) to someone else's signature is only signing to confirm that the other party (P, who has asked W to be a witness) has signed the document in their (W's) presence -- and that's all.

It only serves to confirm (for the ultimate recipient of the document) that someone has physically seen P sign it, and therefore the signature is that of the person who is P.

The contents of the document are irrelevant and can remain private. W has no responsibility or liability in terms of the document's contents and isn't getting involved in any way with P's financial affairs or whatever the document consists of; merely acknowledging that they saw P sign it.

In W's position, I'd personally be at great pains to try not to read anything in the document, as it's none of my business. If P chooses to explain what it is, fair enough, but I don't actually need to know.