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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10594
Experience:  Barrister 17 years experience
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This is about a mortgage whether it is a valid mortgage or

Resolved Question:

this is about a mortgage whether it is a valid mortgage or not.
My husband and I are on a mortgage deed meaning we both signed the mortgage.
I am not the owner of the house in question he is the owner as registered in the land registry. Is the mortgage a valid mortgage. I signed the mortgage but I do not own the property. where do I stand now.? Republic of Ireland
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 2 years ago.
1. Having your name on a mortgage when you don't own the property simply means that you have liability for repayment of the money even though you don't own the property. This does not affect the validity of the mortgage. It is a quite common situation particularly where parents often sign a mortgage where a property is owned by a child. Essentially, if you wanted to set aside the mortgage as regards ***** ***** would have to show undue influence by your husband on you when the mortgage was taken out. Otherwise the mortgage is valid and you will be liable to repay the money.
Buachaill and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 2 years ago.
Should the bank have made sure the I had separate legal advice in this instance when I am not registered on the folio as an owner. should there be a deed of confirmation and consent signed by me and a form stating I had been advised to get separate legal advice.
Expert:  Buachaill replied 2 years ago.
2. Independent legal advice can go to cure undue influence. However, just because independent legal advice has been received, this does not necessarily cure a case of undue influence. If there is clear evidence of undue influence, the bank would have to show it separately interviewed you to see that you understood you were taking on a liability without receiving any benefit, that you actually got independent legal advice from a solicitor of your own choosing and that you willing took on the liability. This is difficult for the bank to prove. However, evidence that you were a woman of the world and took a calculated risk would support the bank's case. A deed of confirmation does not cure a case of undue influence, as it does not show that the liability was willingly taken on. However, it would support the bank's case, if it was signed in the presence and witnessed by an independent solicitor of your own choosing.