Mortgage Offer at a standstill - deed of consent (disability)

Jacie_J

I have applied and received a mortgage offer in July from Santander on a family property I have lived in for the past 16 years. I currently have 8 years left and asked to extend to 12 years which would be retirement. I am currently going through a divorce and my ex and I have agreed that I can keep the family property hence the remortgage to remove property out of joint names.  I also have son with learning disabilities aged 17. On getting the offer I instructed a solicitor to act on my behalf.  The bank's adviser notified me during application that anyone living in the property over the age of 17yrs had to sign a Deed of Consent to waive rights to the property, I explained to him that my son who was 17 had special needs and was not capable of signing legal documentation and nothing was said or explained with regards to this declaration.  Regarding my solicitor, on mention of signing of the deed of consent I informed her of my son's disability (whilst she worked on the offer) and not knowing how to proceed she wrote to Santander to find out what was the procedure in these circumstances. They informed her (September) that I would need Court of Protection to go forward or lose the offer which expires end of November.

The Court of Protection I am told can take up to a year so there is no way I will get deputyship on time.  I am not sure how to proceed and now that mortgage rates have gone crazy I don't know if I will be in a position to get another offer. Is it worth taking this matter further?

dimbo61

Are you not a legal appointee for your son ?
We did this and it was set up with the department of work and pensions DWP

Jacie_J

dimbo61 said:

Are you not a legal appointee for your son ?
We did this and it was set up with the department of work and pensions DWP

I am an appointees but only responsible for handling his welfare benefits. 

chanz4

apointee isnt the same as court of protection the same as dwp