Deed of consent and charge

Zaksmummy

We are in the process of buying a house and one of the forms sent from the solicitor is the mortgage deed which has to be signed by our two eldest sons. I explained to them why they have to sign and they did so happily, I was also told over the phone that it didn't need to be witnessed either.

Come Friday, our sons received a letter stating that they now have to get legal advice and also for solicitor to witness signatures, really! I don't understand the rapid turnaround, this is going to be so awkward for them to do as my eldest is in a full time job and the younger one is going back to uni tomorrow, I just can't see them getting time off together to sort this out. My question is do they really need to have it witnessed by solicitor?

myright

From my understanding ... before u take the mortgage out . They will require you to get them to fill the deed of consent because they're over 17 and they don't want them to have any other over riding rights if the house gets repossession order.

Zaksmummy

myright wrote: »

From my understanding ... before u take the mortgage out . They will require you to get them to fill the deed of consent because they're over 17 and they don't want them to have any other over riding rights if the house gets repossession order.

This is correct, I have explained all this to them, they were happy to sign the form. Sent it back to our solicitors last week having been told it didn't need a witness signature, and now they are saying they will need advice from solicitor also a witness signature from a solicitor!!!

What I am asking is, is it really necessary for a solicitor to witness their signatures as I already had in place a neighbour to do this?

DandelionPatrol

Zaksmummy wrote: »

This is correct, I have explained all this to them, they were happy to sign the form. Sent it back to our solicitors last week having been told it didn't need a witness signature, and now they are saying they will need advice from solicitor also a witness signature from a solicitor!!!

What I am asking is, is it really necessary for a solicitor to witness their signatures as I already had in place a neighbour to do this?

Legally, the neighbour witness is adequate on the simple view. On the more complex view, the solicitor witness is 'evidence' that they have had independent legal advice. And your solicitor can screw you because they are the lender's solicitor too, so if they don't like the deeds or the way they have been witnessed, they can tell the lender not to lend, in their capacity as lender's solicitor.