Experts please - Transfer of Equity totally messed up

markey164

Hi all,

I could do with some expert advice on this one, as its a bit of a mess!!

In early 2015, i did a transfer of equity to have a previous partner removed from the mortgage. I went through the standard ToE process with a solicitor and after several weeks this was completed successfully. I have all letters in hand, all fees were paid, and I have the updated deeds from the Land Registry showing just my name on the property. So naturally I assumed the process was complete.

However, I rang my lender on Saturday to discuss switching deals, and discovered to my shock, that my previous partner is in fact, still on the mortgage!! After nearly 3 hours on the phone to find out why, they say the solicitors never confirmed completion of the transfer, and so the application was closed. No communication, no follow up, nothing, they just quietly closed it.

I have spoken to my solicitors today, who have dug out my file, and they assure me the process was absolutely 100% completed from their end, and that I need to speak to the lender, which of course i've already done.

I'm now stuck in the middle with both lender and solicitor blaming the other, and being told by the lender, that to remove the other party, I will have to start the whole process all over again!!

I am now unable to switch to a new deal, which will cost me money! I also no longer have any contact or have any idea of the whereabouts of my previous partner as this was so long ago. So I'm now left completely stuck through some administrative cockup!!

Any advice on the best course of action greatfully received!

minimike2

If you have hit a brick wall with the lender then I would suggest raising a complaint and putting it through that process. Very often these things seem on the face of it like no one wants to help. It is usually because they have never seen it before and don't know how to fix it. The complaint route will ensure all avenues are exhausted.

Does seem very odd. Although I would question why it has taken this long to come to light. Did you not receive your annual statements showing both names on the mortgage?

At least you have the relief of knowing that at least the house is just in your name. If land registry documents confirm this then it would indicate that it is the lender which is at fault.

markey164

Ok so the lender's position is they never received confirmation of completion, whilst the solicitor says they definitely faxed it, so both sides are blaming the other.

The solicitor says they can send the form again, but the lender says they can't accept it as it was too long ago, and that i'll have to start the entire process all over again.

The solicitor says wrt to the lender they don't know what they are talking about, as the transfer of equity has been legally completed, and there is no reason for the 2nd name not to be removed, as it is a simple admin task. They also said if I ask them for any more advice they may have to start charging me :mad:

I have an appointment with a local branch of my lender this afternoon, where they have recommended I lodge a complaint to have my case formally investigated.

My main concerns right now are twofold. 1) I can't move to a cheaper deal whilst this is all going on, which is going to cost me money. and 2) If they insist on restarting the change of borrower process again, they are going to credit check me, which will impact my credit rating through no fault of my own.

Obviously the best outcome is that Santander just remove the other person, but if this doesn't happen, do i have any other options?

neverbrokensarah

I am going to see my mortgage lender tomorrow Nationwide to remove my husband who is now living at his mothers and we are in the process of divorce. They phoned me yesterday to go through what I need to bring and I just asked if they had had any contact with my husband. They said no and they wouldn't because he no longer lives in the property so they don't need to. I had been thinking is it no a bit suspect that I could take someone of the mortgage without their permission forgetting that he wasn't actually living in the property. Have they actually said you can't move to a cheaper deal? As I negoiated a new fixed deal before our previous one expired and there was no involvement on my husband's behalf who was living with me at the time.

silvercar

The solicitor says wrt to the lender they don't know what they are talking about, as the transfer of equity has been legally completed, and there is no reason for the 2nd name not to be removed, as it is a simple admin task.

I agree with this. Your ex has no legal right to the property as only you are on the deeds. Normally I would say that your ex is the one that is losing out as he is now named on a mortgage with no rights to the property.

A complaint should get the result you are after as someone more senior will look at the case.

markey164

neverbrokensarah wrote: »

I just asked if they had had any contact with my husband. They said no and they wouldn't because he no longer lives in the property so they don't need to. I had been thinking is it no a bit suspect that I could take someone of the mortgage without their permission forgetting that he wasn't actually living in the property. Have they actually said you can't move to a cheaper deal? As I negoiated a new fixed deal before our previous one expired and there was no involvement on my husband's behalf who was living with me at the time.

In terms of removing your other half from the mortgage without his permission, that is definitely not right. That is, assuming your husbands name is on the land registry as part owner of the house? You can't just remove them without going through a formal Transfer of Equity Process which will require a solicitor. That's what I had to do. Your husband would have to sign a bunch of forms to allow that to happen.

In terms of me moving to a cheaper deal, currently my lender won't let me because I would need permission from the other borrower whose name is still on my mortgage (ie my ex partner).

My solicitor has been in contact with the lender today, to re-iterate that the process was lawfully completed, so hopefully my lender will remove the second name without any further hassle, we shall see.

markey164

silvercar wrote: »

I would say that your ex is the one that is losing out as he is now named on a mortgage with no rights to the property

"She"

I've been in the local branch today, and they can see on my file, that the solicitor has made contact with the lender, and the case is with an investigation team at the moment, so fingers crossed they will fix it!

neverbrokensarah

markey164 wrote: »

In terms of removing your other half from the mortgage without his permission, that is definitely not right. That is, assuming your husbands name is on the land registry as part owner of the house? You can't just remove them without going through a formal Transfer of Equity Process which will require a solicitor. That's what I had to do. Your husband would have to sign a bunch of forms to allow that to happen.

In terms of me moving to a cheaper deal, currently my lender won't let me because I would need permission from the other borrower whose name is still on my mortgage (ie my ex partner).

My solicitor has been in contact with the lender today, to re-iterate that the process was lawfully completed, so hopefully my lender will remove the second name without any further hassle, we shall see.

Sorry I see what you mean not doing it without his permission. I do have his permission currently that is just in the form of agreeing to a payment in exchange for taking his name off and as the divorce settlement. I will be giving my lender my divorce solicitor's details and her colleague will deal with the Land Registry and documentation that either of us may need to sign. I was just curious as to why my lender seemed happy on just my say so but I guess that's because that's the legal side.

When I fixed our new deal I did it online and both of us received a text message confirming, the new details. However I do not know of any point where he provided confirmation that he was happy but maybe I'm wrong.

minimike2

You would be better starting your own thread rather than hijacking someone else's - You are more likely to get help / responses that way and also stops getting confusion between the OP and what you have added.

getmore4less

The land registry entry only specifies the legal owners not the beneficial owners.

beneficial ownership is independent of the legal ownership, it is possible for people to beneficially "own" property without being on the deeds.

Also the other way they can be on the deeds as the legal owner and have no beneficial interest in the property.

markey164

Ok so the solicitor contacted the lender again and sent proof that the process was correctly completed, and someone more senior at the lender, looked at the case, then simply removed the 2nd name.

So it was easy in the end. Just shame I wasted about 5 hours of phonecalls and a lot of stress to get it all sorted out!