Occupier's Consent Form - Independent Legal Advice??

jonnnyash

Hi! 

I've had a letter from my dad's solicitors (which we were warned I was going to get) saying I've got to go and see a solicitor for 'independent legal advice' about signing an 'occupier's consent form' because he's getting a new mortgage on our house.  I've called a few locally and most say they don't do it, and one said it would be £250 plus VAT, which neither of us are happy to pay!!  I just wondered if anyone else has run into this and any idea  how I can get this sorted cheaper because that seems extortionate to me!  Any help gratefully received! 😀 and thanks in advance!👍

davidmcn

Just to clarify, you're being told that you must get independent legal advice, not merely being recommended to do so?

Do you know whether it's the lender insisting on this, or the solicitor?

If you do need to get it, not much you can do other than continue asking around until you get a cheaper price. Has your dad asked his solicitors for any suggestions?

foxy-stoat

If you live with your Dad, and are not a joint owner, and he is getting a remortgage on his house then its probably just confirming that you will vacate the property should he default on his mortgage and the lender proceeds to repossesses, and you have no rights to live there or any tenancy implied.

Just sign it and return - no need for legal advice.

davidmcn

foxy-stoat said:

no need for legal advice.

Well, there is in practice if the lender's policy requires the OP to get legal advice.

Silvertabby

Is it a re-mortgage or equity release?  If the latter, then it may be that the house will have to be sold in the event of your dad's death or admission to long term care, and the ER company need to know that you are aware that you will have to move out.

foxy-stoat

davidmcn said:

foxy-stoat said:

no need for legal advice.

Well, there is in practice if the lender's policy requires the OP to get legal advice.

I am sure the lender doesn't have a policy whereby the person signing to has to get legal advice.  The last form I saw had a line saying legal advice is recommended.  

Pretty simple, if the OP doesn't sign it then the Dad wont be able to proceed with the mortgage.

foxy-stoat

Explanatory Notes re Building Society/Bank "Consent" Forms
(Please read carefully before you sign the consent form)
Consent forms are required by lenders when an adult is to be in occupation of the mortgaged property, but that occupier is not a legal owner of the property.
The reason for the requirement is that it is now established law that such an occupier can acquire a legal interest in the property, despite his or her name not being on the deeds.
When a lender takes security over a property by way of a mortgage or charge, its ultimate sanction, if things go wrong, is to repossess the property and sell it on the open market with vacant possession. In 1981, in the case of Williams & Glyn's Bank -v- Boland, the Bank tried to repossess the property. Mrs Boland lived at the property, but her name was not on the deeds and she was not, therefore, a party to the Bank's mortgage. Mrs Boland applied to the Courts for relief against possession, on the basis that she had acquired an interest in the property and the Bank had no right to force her out. The Court decided in her favour, leaving the Bank with virtually no security. This sent the lending institutions into a panic and, in order to overcome the problem, the requirement for a non owning occupier to sign a consent form came about.
All lending institutions have slightly different consent forms but the effect of them is the same. By signing the form, the occupier
(a) acknowledges that the property is to be subject to the mortgage,
(b) consents to the creation of the mortgage, and
(c) agrees with the lender that any interest that the occupier might acquire in the property would come after, or rank behind, the interest of the lender.
If Mrs Boland had signed such a form, then she would not have been able, in 1981, to prevent the Bank either from obtaining possession of the property or from forcing her out
of occupation.
An occupier asked to sign a consent form has the right to seek independent legal advice before signing and, if there are any concerns or uncertainties, an occupier is advised to
seek such independent advice.

Taken from another thread that asked the same question.

jonnnyash

Thanks for the replies👍!  So we've managed to get it sorted....what happened was my dad called the solicitor who told him yes I did have to have independent legal advice before signing the occupier's consent form so he then called his mortgage broker who recommended using an online solicitor video call service called ILA-Connect.co.uk which does it for £99.  I booked it online for later on Friday and I just had to send a photo of the paperwork in before the appointment which only took about 10 minutes and the solicitor was very nice and he's got the paperwork sorted for us straightaway. Dad's saying the mortgage should hopefully complete next week now I've done my bit!😁