Occupier consent form

narika

Hi
My contracts are exchanged and completion is due in 2 weeks.
Mortgage is solely on my name where my solicitors are asking that my husband needs signing the form after seeking legal advice.
Spoke to my mortgage lenders and they say all is in place for mortgage monies and need nothing from me.
What should I do?
Quick advice is greatly appreciated.

Thrugelmir

narika wrote: »

Mortgage is solely on my name where my solicitors are asking that my husband needs signing the form after seeking legal advice.

Your solicitor is also your lenders solicitor (you are paying the lenders costs). The monies will not be released until the solicitor is satisfied.

What's the objection to your husband seeking independent advice. As he needs to made aware of his rights if he signs the form. Your solicitor is not representing him, just you.

narika

Thrugelmir wrote: »

Your solicitor is also your lenders solicitor (you are paying the lenders costs). The monies will not be released until the solicitor is satisfied.

What's the objection to your husband seeking independent advice. As he needs to made aware of his rights if he signs the form. Your solicitor is not representing him, just you.

Appreciate that
But he has to pay £83+vat for that
Which is in and and he says he understand the risks but don't want to pay £100.
It may come back to me and I got to pay for it.
If it's not necessary why we should pay?
House move and buy itself is a nightmare and now this.
As contracts already exchanged, even if he changes his mind what's the use.
I just don't understand the need to pay for the advice....

As my conveyancer is only advising to seek legal advice, can be say he don't need the advice and sign the form?

SunshineLondon

i was in the same position, my husband signed the form without getting independent legal advice as we undnerstood what it means and the implications are. he can just sign the form - its their duty to advise you to get legal advise, they wont check if you have done it.

Thrugelmir

narika wrote: »

As my conveyancer is only advising to seek legal advice, can be say he don't need the advice and sign the form?

Does the Occupier's Consent Form need a solicitors signature as well? Some lenders forms now do require this.

narika

Thrugelmir wrote: »

Does the Occupier's Consent Form need a solicitors signature as well? Some lenders forms now do require this.

Yes it does
How does he go about signing on the form without soliciting a solicitor signature? Any help is greatly appreciated.
Thanks

AnotherJoe

SunshineLondon wrote: »

i was in the same position, my husband signed the form without getting independent legal advice as we undnerstood what it means and the implications are. he can just sign the form - its their duty to advise you to get legal advise, they wont check if you have done it.

Yep, its standard *rs* covering.

When i gave my daughter a loan for half the value of the house she was buying her solicitor advised she shouldn't take it despite the fact it was the only way to be able to afford one, purely because (I believe) that if anything went wrong and she tried to claim against the solicitors (nn what grounds i dont know) they could say "we advised you not to do it".

OP, get your husband to sign the form. If need be to satisfy your solicitors, he can sign an additional statement saying he's declined independent legal advice.