Transfer of ownership consent needed

AKwonder

I am recently divorced, and trying to transfer the family home into just my name keeping the mortgage in both. I am paying all the mortgage. 

I’ve managed to get everything done myself for the land registry without any legal advice apart from the final consent to the disposition restriction. When I ask Santander for this they keep telling me it’s not something they do, despite me clearly directing them to the gov website practise guide 19

I have specified it needs to be on wet ink on headed paper. 

Can anyone advise me who has done this process without legal help? 

Land registry have been pretty clear but hitting a wall with the bank 
Much appreciated 

Land_Registry

AKwonder said:

I am recently divorced, and trying to transfer the family home into just my name keeping the mortgage in both. I am paying all the mortgage. 

I’ve managed to get everything done myself for the land registry without any legal advice apart from the final consent to the disposition restriction. When I ask Santander for this they keep telling me it’s not something they do, despite me clearly directing them to the gov website practise guide 19

I have specified it needs to be on wet ink on headed paper. 

Can anyone advise me who has done this process without legal help? 

Land registry have been pretty clear but hitting a wall with the bank 
Much appreciated 

Appreciate you’re not asking us for advice here but is the restriction and therefore consent linked to the registered legal charge/Santander mortgage?

If so and ‘it’s not something they do’ then you probably need to clarify that or escalate with the lender. 

They’ll know what a consent is and how to provide it but are they saying No, you can’t transfer it to a sole name but keep the mortgage as a joint one? The mortgage you have may not allow such a change to be made. 

What have Santander actually put in writing when you contacted them re the transfer?  

AKwonder

Thanks for the reply, as far as I am aware the consent to the disposition of restriction is something involved in all mortgages. Santander have consented to the transfer in writing but not in the format requested by land registry. On the phone the bank were suggesting I needed a lawyer but I feel I have come this far and need it low cost. I keep going from land registry to bank, with the bank saying they don’t seem to recognise the request. It’s really frustrating 

Land_Registry

One you can only resolve with Santander then I’m afraid including not using a solicitor. They’ll have rules/regulations that govern how they can operate. 

The consent is a straightforward requirement so you may have to push it up their chain of command 

AKwonder

Just to update for anyone in a similar position. Despite ringing the bank on at least 4 separate occasions to ask for the consent over a 6 month period. It took me turning into a detective to find the email address of the person who had twice sent the letters in the wrong format. I have been reassured this is a standard document. 

I emailed them directly with the link the land registry had kindly given me for what was needed. The next day I had a voicemail stating that my request has been processed. I received the letter with wet ink which I sent off and finally got confirmation from the land registry that it was transferred into my name. 

So I managed to save myself the conveyancing costs, not easy or stress free but doable!