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Witness signatures for completion - HELP!

I wonder if anyone has come across this before?

We are in the process of moving our mortgage. The solicitor has written to us with a completion date and asked us to sign and get a witness for our signatures. The small print states that this witness may become liable for our mortgage debt if we default. I cannot think of anyone who would sign something like this - I certainly wouldn't put myself forward as liable for another person's mortgage debt!

Has anyone been through this before and how did they get through it?

Comments

  • dunstonh
    dunstonh Posts: 121,101 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The small print states that this witness may become liable for our mortgage debt if we default.

    Are you sure? Getting a witness to countersign a mortgage offer letter is quite common. However, I cannot recall ever seeing a statement that the witness could become liable. I couldnt see how they could enforce it either.

    Who is the lender?
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • ---lee---
    ---lee--- Posts: 921 Forumite
    I’ve never heard of such a thing.

    I recently had to get a witness for my mortgage and it was exactly that – someone to confirm my identity.

    It sounds more like they are asking for someone to act as guarantor for the loan.
  • JJ70_2
    JJ70_2 Posts: 8 Forumite
    thank you for the quick replies

    the lender is Alliance & Leicester, the solicitor is Withy King

    the small print says you "may" be liable and advises the witness to get legal advice.
  • dunstonh
    dunstonh Posts: 121,101 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Witnessing a signature carries some liability. Just as certifying documents does as well (another thing often done by people without realising there is a liability). However, the liability isnt for the loan.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • JJ70_2
    JJ70_2 Posts: 8 Forumite
    Thanks for replies, just spoken to the solicitors and they have confirmed that they require a witness only, not a guarantor. Phew!!!! I will stop panicing now and look forward to saving about £65 a month (more if interest rates go up)
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