Deed of Consent

chloet2019

Hi folks,


I’m in the process of buying a house. My mum and brother will be living with me- but they’re not on the mortgage. The mortgage is with Santander, the form states thy should seek legal advice. Which I get, after all it’s legally binding! A witness is also required. Am I right I thinking the witness doesn’t have to be a solicitor? I feel my solicitors are pushing me into something that isn’t required by my mortgage company.

Thanks in advance

Thrugelmir

This will be a requirement of the lender. Your solicitor works for them as well as yourself. Witness just needs to be an independent individual.

davidmcn

chloet2019 wrote: »

I feel my solicitors are pushing me into something that isn’t required by my mortgage company.

Not sure what you mean. A witness can be anyone. A recommendation to get legal advice about something doesn't imply you need to sign it in front of a solicitor.

chloet2019

Extract from the solicitors letter.....”.underneath is where the witness should sign. This of course is be completed by the solicitor who provides the independent legal advice.Please note this must be signed in the presence of a solicitor”

Thrugelmir

chloet2019 wrote: »

Extract from the solicitors letter.....”.underneath is where the witness should sign. This of course is be completed by the solicitor who provides the independent legal advice.Please note this must be signed in the presence of a solicitor”

Seems to answer the question you posed. This is to ensure that independent addvice is obtained.

Are your mother and brother contributing financially to the purchase?

chloet2019

No. All the savings are mine. I’ve asked around friends who have been through the same thing. They didn’t need a solicitor to witness. Rang one local solicitor they said they don’t want to take my money, as a solicitor isn’t needed. Another quoted £300 plus VAT. Which leads me to believe if they can get away with charging they will. Just trying to dodge additional fees if possible.

davidmcn

Query it with your solicitor then.

jee

Why don't you take your mum and brother to your solicitor and have them sign and witness it?

davidmcn

jee wrote: »

Why don't you take your mum and brother to your solicitor and have them sign and witness it?

Because that definitely wouldn't be independent legal advice.