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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10610
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My partners ex ran up mortgage arrears and we all want her

Customer Question

My partners ex ran up mortgage arrears and we all want her name removed. Before this can happen we need to pay the arrears. She has agreed to sign her name off, but is there a document i can use to get her to sign about the agreement as i dont want to part with money and she decides she has changed her mind
Submitted: 4 years ago.
Category: Law
Expert:  Aston Lawyer replied 4 years ago.

 

Hi there,

 

To officially remove her, a Land Registry Transfer document needs to be signed by her and your partner, which transfers the legal ownership of the property to your partner.

 

It would be normal for the Bank/B Society to grant their consent to the transfer, subject to the arrears being cleared, and for these arrears to be cleared shortly after the ex has signed but before dating the Transfer.

 

Unfortunately, to comply with the Bank/B Society's and Land Registry requirements your partner will need to instruct a local Conveyancing Solicitor to deal with this paperwork, and for him to liaise with the ex or her Solicitor concerning the signing and dating of the Transfer.

 

Basically, your partner's Solicitor will ask her to sign the Transfer and that he will then "hold it to her order" pending the clearance of the arrears an the completion of the Transfer.

Only by doing it this way, are you safeguarded in paying off the arrears and knowing that the transfer will indeed go ahead and get completed.

 

I hope this answers your question, and if so, I would be grateful if you could leave positive feedback.

 

Kind Regards

AL

 

 

Expert:  Aston Lawyer replied 4 years ago.

Hi again,

 

Please let me know if you require any further assistance.

 

Kind Regards

AL