consent to mortgage

dawyldthing

Basically my mums having to fill out this consent to mortgage form as shes moving in with me when we finally move in (by goodness its took long enough). Anyway my solicitor has wrote to mum to ask her to fill it in, taking it to a different solicitor. Now I might be thick in asking this question, but could our doctors fill it out as on the 2nd page it says 'write normal signiature below and print name and initials, full address and occupation.' Further down it says you 'should' get legal advice before signing the document. Does it have to be done by a solicitor? As we know if i default then we'd lose the house, but why do we have to pay for something we already know at an extorniate rate? :mad:

betmunch

Why would your Doctor want to get involved with this?

You know why shes signing the form, shes knows why shes signing the form.

The solicitor is protecting themselves by saying that she should get independent legal advice, that why if you get repossessed and she ends up homeless they can say they told you to get independent advice and its not their fault they didnt advice her of the consiquences of your actions.

Richard_Webster

Depends what your solicitor has said in the letter to your mother.

In some cases the letter will say that she must go and see another solicitor to be advised about the consent form. In that case she must see a solicitor or a licensed conveyancer and he must witness the signature.

In other cases the letter will advise that she should seriously consider going to a solicitor for advice, but in the end it is up to her. In that case anyone (preferably not related) can witness the signature - a neighbour or work colleague. A doctor certainly wouldn't want to get involved with something like that.

The reason they go all through this is that there have been cases where an occupier has been able to get the courts to prevent a mortgage lender evicting him or her when the borrower has not kept up the payments. The occupier has said that he or she didn't know anything about the mortgage, so lenders now go to these lengths to make sure that people like your mother can't say that in the future.

dawyldthing

its from the halifax and says 'by signing this document you agree that the lender has a right to remove you from the property. You should get independent legal advice before signing the document'.

Solicitor wrote 'i have to advice you to take this form to a different firm of solicitors and ask them to advice you as to the contents of the form. I am afraid i cannot advice you about the form as you need to seek independent legal advice. When making the appointment to discuss the consent to mortgage with an independent solicitor, i suggest you take the form with you and if you decided to proceed to sign the consent then the solicitor who advices you could act as your witness.'

I suggested the doctor as usually there on the list of places that will sign forms (for a fee) thats probably cheaper than a solicitors. I just thought she was recommending going to a solicitor, not telling us to.

Cor what a polava!

BlueAngelCV

It's not something that the Dr can do.

They are just advising that she takes legal advice to cover themselves. As long as you're both happy and understand the situations there's no requirement to do so.

ETA: What does it say about who needs to witness it? A witness doesn't necessarily have to be a professional. I wouldn't have thought it could be you but unless they specify I see no reason why it couldn't be a friend.

Yorkie1

Sounds as though they are suggesting, not requiring, the solicitor / licensed conveyancer be the witness.

G_M

If you had a nasty cough, or a crippling pain in your chest, would you go to a solicitor for advice on how to treat it?

Hmmmm - so why ask a doctor for legal advice.......?

dawyldthing

Its not for legal advice, but you know when it comes to passports and the like you have to get someone of professional status to fill in the forms so i thought this is going to be the same, as I didn't want to get someone to fill it in then find out it is wrong for whatever reason, but at the same time didn't want to have to pay mega money for something we already know and now have to sign to say we know.

dawyldthing

On the actual halifax form it just says witness and says to list their address and the like, its my solicitor who says on the letter to ask a solicitor to fill the form in. I just thought if we asked the doctor he may have filled it out, as it just says a witness, and i'm fairly sure he wouldn't mind normally, but like you say because it says solicitor we'll probably have to go down that route, its just trying to find someone to do it thats not going to cost an arm and a leg to do it as we understand what its telling us so begrudge having to pay for someone to tell us what basically is written on the paper. Its a bit like when I was at uni and they read off the powerpoint slideshows so a bit annoying to be honest