occupiers consent form

Pepelepieu

HI,

My partner is applying for an extension to their mortgage. As they are the sole lender, the mortgage company require me to complete a form of consent.

I would have assumed that this would have been a fairly easy process, but I am wrong. Occupiers form of consent seems to terrify solicitors secretaries into telling all sorts of stories to get out of dealing with this. How do I get a solocitor to take this on. I have contacted the mortgage company who have politely informed me that I have to have this signed. Any help would be appreciated.

silvercar

I don't see what the issue is. The lender sends you something, you sign it and send it back.

Sure, they may suggest you take independent legal advice. That will basically be to make sure you understand that if the mortgage isn't paid the lender can repossess and you won't stand in their way.

I'm 90% sure that you can sign away your right to take legal advice.
You just sign that you have been advised to take legal advice but have decided not to do so.

I guess that your attempts to take legal advice are what is frightening solicitor's secretaries. If you do take advice, they have to open a file on you, so that you are protected by their professional indemnity insurance should they advise you wrongly. That is probably what is making them nervous - to take you on as a client will have a certain minimum charge, yet it will appear that they are doing little more than witnessing your signature.


*I am not legally qualified, none of the above constitutes legal advice

libf

Ditto what silvercar said.

I had to sign one when my parents remortgaged but I was over 18. They posted it to me at uni and I signed it and sent it back. No legals involved, and I understood that if my parents bailed on their mortgage then I was 'homeless'.

Pepelepieu

The problem seems to be that different mortgage companies have different procedures, the mortgage company require me to name and retain an independent solicitor and formally take legal advice. One legal firm told me that they didn't have the insurance to offer the service, another told me that they didn't do it because the fee paid wasn't worth the work done. As I'm not on the books of any solicitors, and I'd be classed as a new client, it seems like it's too much trouble for them to deal with this.

silvercar

Pepelepieu wrote: »

The problem seems to be that different mortgage companies have different procedures, the mortgage company require me to name and retain an independent solicitor and formally take legal advice. One legal firm told me that they didn't have the insurance to offer the service, another told me that they didn't do it because the fee paid wasn't worth the work done. As I'm not on the books of any solicitors, and I'd be classed as a new client, it seems like it's too much trouble for them to deal with this.

Sometimes it is just worth putting the phone down and dialling again. Hopefully you get someone second time around who understands the issue a bit better.