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Does the Deed name, have to match mortgage name ? exactly ?

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Karen_taris
Karen_taris Posts: 162 Forumite
First Anniversary First Post Combo Breaker
edited 10 October 2013 at 2:13PM in House buying, renting & selling
When purchasing a property, for a Buy to Let, with a BTL Mortgage,
for a brand new second mortgage (no remortgaging required).

Does the Land registry deed name, (which will be transferred to this new person taking out the mortgage)


Does this name have to match the name on the mortgage? exactly?

(I am mainly asking about the surname, maiden name etc)

For example

Mary Simmons Johnson = Name Mortgage applied under
Marry Simmons = Land Registry name

(where Simmons was the maiden name before marriage), Johnson the name after marriage.



Does the mortgage name and Deed name have to match? or they can be different ?

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  • hazyjo
    hazyjo Posts: 15,470 Forumite
    First Anniversary Name Dropper First Post Photogenic
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    So long as it's a married/maiden name, all's okay (AFAIK!).

    Jx
    2023 wins: *must start comping again!*
  • ValHaller
    ValHaller Posts: 5,212 Forumite
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    More or less crossposted http://forums.moneysavingexpert.com/showthread.php?t=4788796.

    K_t, please don't cross post, it just puts someone to the trouble of giving you answers you have already had.
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
  • Richard_Webster
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    The names do have to be the same exactly. However if someone has married it is simple to submit a certified copy marriage certificate with the LR application.

    If the property is being remortgaged and is in the name of John William Smith and the mortgage offer is for John Smith then lender has to be told about middle name and asked to issue new offer.

    If you are buying and the contract says the seller is John William Smith but the Land Registry title misses out the "William" provided buyer's solicitor is satisfied it is the same person, easiest thing to do is tell seller 's solicitor of the discrepancy and they will usually agree to get her client to sign a transfer (TR1) without the middle name so as not to confuse the Land Registry.

    This last point usually happens the other way round because sloppy seller's solicitor gets the clients' names from the estate agent and doesn't look at the Land Registry entries. Should check full names with client and Land Registry and not rely on what agents tell them as they often get the names wrong!
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • Karen_taris
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    The names do have to be the same exactly. However if someone has married it is simple to submit a certified copy marriage certificate with the LR application.

    You mean a marriage certificate with the LR application, done through the solicitor, or broker, who will pass it further?

    or you mean the applicant person contacting the land registry themselves?
  • Land_Registry
    Land_Registry Posts: 5,783 Organisation Representative
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    As Richard Webster states any discrepancy between the registered names and those on the morgage would have to be accounted for to ensure that the register is accurate.

    So if you have married and the register still shows the previous name lodging an official or certified copy of the marriage certificate with the application to register would be sufficient. Providing of course the previous name matched the one on the register as well.
    Official Company Representative
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  • Richard_Webster
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    You mean a marriage certificate with the LR application, done through the solicitor, or broker, who will pass it further?

    or you mean the applicant person contacting the land registry themselves?

    Don't really understand the problem - if you are remortgaging then the solicitor will have submit the new mortgage and the discharge of the old mortgage to the Land Registry so no big deal to add a certified copy of the marriage certificate.

    If you are buying then your name is not registered at the LR anyway - just need to make sure that all the documents have the same version of your name.

    If you are buying and your seller has married since she bought then her solicitors will supply a certified copy of the marriage certificate to go with your Land Registry application after completion.

    No need fro a broker to be involved with the Land Registry at all.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • propertyman
    propertyman Posts: 2,922 Forumite
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    This last point usually happens the other way round because sloppy seller's solicitor gets the clients' names from the estate agent and doesn't look at the Land Registry entries. Should check full names with client and Land Registry and not rely on what agents tell them as they often get the names wrong!

    When I started out and worked in the agency side 3 days a week, the first thing that I did was to design a form for offers with info like "all names", which we attached to the memorandum of sale.

    It's still pretty much the same but on pc and tablet now, along with other systems I designed back then.

    We got a lot of work out of those same firms for probate and valuations and sales due to our reputation for accuracy and professionalism.
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold";
    if you can show me one I will produce my daughter's unicorn
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