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Consent and declaration to mortgage form
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gardner1
Posts: 3,154 Forumite
we are in the process of remortgage and our son and daughter need to sign one of these forms,but supposedly is has to be witnessed by solicitor and advice given for a fee....
can this form be witnessed by any other professional
can this form be witnessed by any other professional
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Comments
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AFAIK advice is optional. If they are happy to be bound by the mortgage terms and move out if the lender wants to take possession they can simply sign the consentor form without advice.
I'm not sure about the witness thing. Ask your solicitor.I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.0 -
kingstreet wrote: »AFAIK advice is optional. If they are happy to be bound by the mortgage terms and move out if the lender wants to take possession they can simply sign the consent form without advice.
thats what they did but solicitor says it has to be witnessed by an independent solicitor0 -
The solicitor acts for the lender as well as for you. If the lender requires your adult children to sign the form in the presence of an independent (i.e. not your) solicitor then it sounds as though that is the requirement. The lender cannot, I think, also require your children to receive advice - but they will probably have to sign something to the effect that they have had the option to obtain legal advice and have chosen not to take it.0
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Chances are if you bowl up to a solicitors and ask nicely they'll witness the kids' signatures for them. The cost of a signature on a Stat Dec is only a fiver, so expect something around the same.
You could ring first so as not to be too cheeky!I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.0 -
When I went through this last time, I think the wording was that you are advised but not required to take independent legal advice on this form ("deed of postponement"?). The signature can be witnessed by any non-related adult.Mark Hughes' blue and white army0
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thanks for all the replies0
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