Witnessing of signature

Clearprop

Hi all


I'm in the process of buying a property and have been asked for my signatures on the TR1 form, Mortgage Deed and Deed of Covenant to be witnessed by someone who is "independent and knows me well".

Does anybody know if it would be acceptable for my fiancee (who is living at the same address as me) to act as the witness?


Cheers

kingstreet

If she will reside in the property, I'd say no.

Just ask a neighbour to witness you signing the forms.

penguingirl

I'm pretty sure it shouldn't be a family member or someone who could have a financial link to the property (which your fiance will after you're married). We asked my parents' neighbour.

Clearprop

Thanks for your replies... yes probably best play it safe!

Clearprop

Ha, fantastic!

Twiglet21

No your fiance can not act as a witness you will probably see on the notes of the TR1 that it cannot be a family member and she will probably be classed as one. The house buying and selling process is bad enough and hard enough as it is and the last thing you want is for a question to be raised about the TR one at the last minute that could cause you problems. Just ask a neighbour a friend a work colleague anybody really but not your fiance

Senior_Paper_Monitor

I have no idea where the "and knows you well" requirement comes from.


The purpose of signature on a such a document is state that the person signing is neutral (no interest in the transaction) saw you do so and that you were not under any duress at that point in the transaction.


As the fiance potentially has an interest in the transaction she is not a suitable person.


In my view the little old lady at the bus stop is - but easiest is friend, neighbour, local publican, someone at work etc

It should not be a person who is invo0lved in (including benefiting from) the transaction involved.

dzug1

Senior_Paper_Monitor wrote: »

I have no idea where the "and knows you well" requirement comes from.


The purpose of signature on a such a document is state that the person signing is neutral (no interest in the transaction) saw you do so and that you were not under any duress at that point in the transaction.

But surely also that the person signing the document is the person they purport to be?

G_M

dzug1 wrote: »

But surely also that the person signing the document is the person they purport to be?

Yes.

The little old lady at the bus stop does not know you from Adam, so cannot be a witness.

The witness is effectively saying "Yes, I know Mr Clearprop and I watched him sign of his own free will."

Not much use if the witness is saying "I watched some complete stranger sign of his own free will, but I have no idea if it was Mr Clearprop or not."

jjlandlord

The truth is that no-one will care about the witness (as long as the name/address is not obviously raising red flags) unless and until there is a problem like for example if you claim that it wasn't you signing or you were made to, at which point they will try to locate the witness to have him testify.

ethank

I used a neighbour