Who can witness a signature for TR1 form

AdamPD

Hi all,

So I'm in the final stages of getting my house remortgaged and put in my sole name, but we've hit a stumbling block with the solicitor who's dealing with the mortgage (Halifax' assigned solicitor)

We read through the TR1 information on the land registry site and it says anyone who knows me/us WELL, can witness the signature, but the solicitor says no
We originally had a close friend witness the signatures, but the solicitor rejected it saying it had to be someone from a select list
So I had my chartered management accountant witness the signing instead, but now she's also rejecting that because she isn't FCA registered.
It wouldn't be so much of an issue but the third party who's coming off the mortgage and deeds is incredibly slow at sending in the proper documentation (3 weeks to return one signed form)

Shouldn't the solicitor abide by the guidelines set by the land registry?

gingercordial

Odd. I have signed a few TR1s for property transactions as a charitable trustee. Always just told by our solicitor to find a witness who preferably isn't related to me like a colleague or neighbour. Admittedly most of my colleagues are accountants or lawyers but they are not to know that, and other trustees have used neighbours.

The gov.uk site says the same as you've found on the Land Registry so try sending them this referring to 3.12?

https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1/guidance-completing-form-tr1-for-the-transfer-of-registered-property

davidmcn

Is this the solicitor making stuff up as they go along, or are they following some Halifax security requirement to confirm it's really you signing? (I've never heard of the latter). As above, there's no general requirement for it to be anyone other than an adult who has at least been introduced to you, and preferably isn't connected with the transaction.

AdamPD

They have some really odd requirements, the proof of address for instance
The third party sent in a housing benefit letter as proof of address, that wasn't accepted
The email they sent me said:

It has however been noted that you have not had your signature witnessed by one of the authorised
signatories as detailed on the Verification of Identity. To confirm these are:
 Auditor
 Insolvency Practitioner
 Financial Accountant
 FCA Registered Mortgage Broker
 Authorised Bank/Building Society Official
 Solicitor/Licensed Conveyancer or Barrister
 Post Office
You MUST sign the Transfer Deed in the presence of one of the above who should also sign, print
their name, company name and address and qualification in the spaces provided.

Today they emailed to ask for information which was already on the Tr1 form (My accountants name, occupation, address and "FCA" number)
So I have no doubt they are going to say a chartered management accountant isn't sufficient.

AdamPD

I really don't think this solicitor knows what she's doing
I just checked my emails and in an earlier email (before having to send this damn form back 7 times already) and this is what she sent to me originally:

It is preferable that you sign the Transfer Deed in front of a Solicitor/Legal
Executive/Licensed Conveyancer. If you decide not to do this the Transfer Deed should be
signed in the presence of an independent witness (not a relative, another borrower nor an
Occupier or Tenant of the property and to save confusion does not share the same
surname as any borrower), the witness should also sign, print their name, address and
occupation in the spaces provided.

sillyhilly

Accountants will never be on the FCA register though???

They will generally be on the ICAEW, ACA or CIMA registers. What a ridiculous requirement.

I had a friend do mine FYI. They were not on a prescribed list, as that is not a requirement.

AdamPD

Originally we had a friend who used to live with us sign it (NHS Senior Carer/Specialist), I figured that was professional enough
The third party who's coming off used a University lecturer
Both were denied
So I used my chartered accountant to witness it, while she hasn't denied it yet, I suspect she will.

Thrugelmir

Most solicitors firms will witness official documents for a donation to charity. Pop into their reception and a junior solicitor will be summoned to perform the act. Obviously you'll need evidence of who you are.

AdamPD

Yea there's an FCA registered mortgage broker just down the road, he's offering to do it for free, as long as we consider him when we remortgage.
I'm going to see what the solicitor says first and if she will accept the witness.

Jwilkins

Is this Solex by any chance? I’m having a right nightmare with them. I’ve remortgaged with Halifax and that’s the legal company they use. They are slow processing paperwork and keep giving us the wrong information. They told me one thing and told my ex who’s coming off the property something entirely different. 

For a remortgage that should’ve taken 4-6 weeks, this has been ongoing since June. My mortgage advisor contacted them to complain and they wouldn’t give her their complaints procedure as they felt they’ve done nothing wrong. What a joke.

Now my ex is struggling to get anyone to certify his ID docs and witness sign the TR1 form due to Covid. They rejected his first lot of docs that a conveyancer signed for him.

I don’t know what else to do.

Drawingaline

We just got my work colleague to do it 🤷 there was no space to write anything about qualifications at all.