Removing Name from Parent's Mortgage

pxhan

Hi all,

I'm looking for some advice please.

I have been named on my mother's mortgage for around 6-7 years now, however I want to take my name off in order to purchase my own home. I do not live in the property and haven't for quite some time.

My mother has had her remortgage agreed with her lender and it is with a conveyancing company to complete the legal side. They are requesting I provide them with a name of a soliciting company that I am using in order to complete the process, however I do not want any money from the house and I have been told by 3 different soliciting companies and my mother's lender that I do not need to seek a solicitor for the name removal.

Can anyone advise if this is the case or whether I will actually need one?

Thank you in advance!

davidmcn

You don't need to, but they can choose not to deal with you if you don't. Have you tried just telling them that you don't want legal advice?

pxhan

davidmcn wrote: »

You don't need to, but they can choose not to deal with you if you don't. Have you tried just telling them that you don't want legal advice?

My mum has emailed them back stating the relevant legal advice has been taken and we wish to take the process forward but they've emailed again asking who my solicitor is. We've responded saying similar to what I said in my post above, that we've been advised that I don't need a solicitor due to no monies exchanging hands and just needing my name removed.

We're still waiting for a response but I thought I'd ask as when I was Googling it talks about separation/divorces which isn't quite what our case is.

davidmcn

pxhan wrote: »

My mum has emailed them back stating the relevant legal advice has been taken and we wish to take the process forward but they've emailed again asking who my solicitor is.

Well, maybe that's caused confusion, because you seem to be telling us you haven't taken legal advice.

pxhan

davidmcn wrote: »

Well, maybe that's caused confusion, because you seem to be telling us you haven't taken legal advice.

I can see that. I was advised by the remortgaging lender to respond in that way, and having been told by three separate soliciting companies that I don't need representation in this has caused a lot of confusion at our end too.

kingstreet

You are relinquishing an interest in the property without advice. That is their concern.

You may be able to satisfy them with a letter to them saying you do not wish to take independent legal advice and you understand and accept you are giving up any claim on the property in return for your liability for the mortgage ending.

As it stands, if they allow this to complete, you could theoretically claim at some point in the future you were not made aware of the implications of your actions.

JayCeeEssex

My understanding is that if no monies are changing hands and that there is no vested interest in the property, then it is not essential to have a conveyancer represent you.
It is probably advisable to take independent legal advice but my understanding in this sort of situation, it is not essential.

pxhan

kingstreet wrote: »

You are relinquishing an interest in the property without advice. That is their concern.

You may be able to satisfy them with a letter to them saying you do not wish to take independent legal advice and you understand and accept you are giving up any claim on the property in return for your liability for the mortgage ending.

I will get my mum to speak to them and see if this will suffice. I am going to be purchasing my own property and, without getting into the backstory of why I was on my mum's mortgage, have no interests in remaining on there but I appreciate their concerns.

Thank you for the advice!

pxhan

JayCeeEssex wrote: »

My understanding is that if no monies are changing hands and that there is no vested interest in the property, then it is not essential to have a conveyancer represent you.
It is probably advisable to take independent legal advice but my understanding in this sort of situation, it is not essential.

Thank you, we will wait and see what they respond with and go from there. Hopefully they can accept a letter written by myself.

getmore4less

who is doing the CGT assessment?

pxhan

getmore4less wrote: »

who is doing the CGT assessment?

Hi, sorry I'm new to this so don't understand what that is? My mother has been dealing mainly with the process.