Natwest - Occupiers Consent and Postponement Deed - witnessing

Arsenal2019

I’ve literally just got these forms today for my partner to sign as the occupier.  And I’m with NatWest too…

What was the outcome for you? Did it have to be a solicitor or could it be anyone. My solicitor was under the impression it could be anyone too due to the “IF”…

saajan_12

doningtonphil said:

It says "signed as a deed by the occupier in the presence of the witness (who must add details of firm if  solicitor, licensed conveyancer, or Fello of the Institute of Legal Executived who is employed by a solicitor)"

So the landlords solicitor or NatWest are interpreting that as not just anyone. 

This just says to add details if its a legal person. It does not say anything is needed if the witness is not a legal person. Since nothing is specified (assuming there's nothing elsewhere in the doc) then the reasonable definition of witness is an adult who is capable of seeing that that person signed. 

Usually a witness should be unrelated to either party, sometimes organisations ask that its a professional or person of good standing (whatever that means). They are often asked to sign with their name & address, so theoretically a judge could contact them and ask that it was indeed <SIL> and they did sign that document. However even this isn't mentioned here. 

doningtonphil said:

The form also states:
"the occupier aknowledges that priorto signing this deed the occupier has been advised by the bank to take independenet legal advice and has been given an opportunity to do so"

Doesn't say you have to take advice, just that you were reminded and had the opportunity to. Basically they're trying to avoid you arguing that you didn't understand and they railroaded you into signing before you could even find out what it meant. 

theartfullodger

SiL should explain to whoever wants mortgage that she will be happy to sign if they pay all expenses.  Obvs.