Remove name from deed

fizz07

Hi guys

I am looking at getting my name removed from the deeds of a property I bought with my sister. We had a joint mortgage, however she is now going to take over the mortgage but at the same time she is moving to another mortgage provider.

I am happy to have my name removed and wanted to know if I need a solicitor to do this?

Any help would be greatly appreciated.

davidmcn

The solicitors dealing with her remortgage will deal with this. You can appoint your own solicitor if you want independent advice, but it's not essential.

fizz07

davidmcn wrote: »

The solicitors dealing with her remortgage will deal with this. You can appoint your own solicitor if you want independent advice, but it's not essential.

Ah, I actually thought they would as they are giving her a mortgage so would want me off the deeds but she has been told I'd need to get my own solicitor to remove the name.

Land_Registry

Most lenders will insist on the borrower using a solicitor/conveyancer for the mortgage aspect.
I would always recommend using a solicitor/conveyancer for the Transfer element as well but our online guidance explains how to transfer the ownership for you

Depending on the circumstances you could feasibly pay off the existing mortgage and register the change of ownership first and then leave the sister to complete her new mortgage separately.

davidmcn

fizz07 wrote: »

Ah, I actually thought they would as they are giving her a mortgage so would want me off the deeds but she has been told I'd need to get my own solicitor to remove the name.

If the new lender's solicitors aren't prepared to act for her (seems odd that they're not) then she can instruct another firm to do it - it probably makes more sense that she organises this if the new mortgage is in her name. As I said, you'll be advised to seek independent legal advice, but up to you whether or not you want to so.

fizz07

Thanks for all the advice, help guys

The solicitor has stated they will only represent the lender. What I want to know is would they contact me to get me to sign something that would enable them to remove my name before they gave her the mortgage? I am happy to have my name removed so she can get the remortgage with the new lender.

davidmcn

fizz07 wrote: »

Thanks for all the advice, help guys

The solicitor has stated they will only represent the lender. What I want to know is would they contact me to get me to sign something that would enable them to remove my name before they gave her the mortgage?

If she instructs other solicitors to deal with the transfer of title, they will contact you with whatever you need to sign.

fizz07

davidmcn wrote: »

If she instructs other solicitors to deal with the transfer of title, they will contact you with whatever you need to sign.

I have been advised by my sister that the solicitors dealing with the name removal (who she is paying) are saying they will only send docs to my solicitor. This doesn't make sense to me. I am happy to sign the equity so didn't think I'd need a solicitor.

They are also acting for the lender on her remortgage, however would have thought me signing a document they send me would be enough.

Can anybody advise?

G_M

As previously advised, change solicitor.

fizz07

ah ic, is that because they are also acting for the lender?

kingstreet

She is doing a remortgage. She has used the lender's "free legals" deal and the lender has appointed a solicitor to act for it.

A free legals lender may be prepared to handle the transfer of equity at the same time as the remortgage but it will charge her for the privilege.

It will however, not be able to act for you and will usually advise the party leaving to seek independent legal advice.

She would have been better choosing a remortgage deal with a cashback, rather than free legals as better control could have been retained over the transaction and you could have told the solicitor you're happy and do not need separate legal advice.

As things stand, she may need a solicitor to handle the transfer of equity, if the free legals firm won't handle it. Then, you may be able to avoid another firm acting only for you.