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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10459
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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15 years ago I bought a house in my sisters name.[ because

Resolved Question:

15 years ago I bought a house in my sisters name.[ because at the time I couldn't get a mortgage for the amount I needed. ]my sister now lives in the U.S.A and the time has now come to put my name on the house and remove my sisters. is this something that is easy to do. I have paid all costs including deposit and all mortgage payments.many thanks. john
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

The following matters need to be dealt with;-

On the basis that there is a Mortgage on the property, you would either need to get consent from the Lender to have the Mortgage transferred to you (they would have to issue a new Mortgage Offer to you) OR you could apply to another Bank for a new Mortgage, and the existing Mortgage be paid off on completion.

Your Sister would need to instruct a Solicitor to deal with the Transfer. This may be a problem if she is over in the US, in that any English Solicitor will need to verify her id for anti money laundering purposes. Unfortunately, as the property is in her name, it is up to her to give instructions to her Solicitor, as opposed to yourself.

Subject to the above, it is a relatively simple transaction, with the necessary Land Registry Transfer being signed by both of you, and for you to sign the Mortgage papers.

I hope this assists and sets out the legal position to you.

Kind Regards
AL

Customer: replied 3 years ago.

Hi that sounds simple enough, would there be any consequences for her having not told them that she was not living there or that she had moved to another country?

Expert:  Aston Lawyer replied 3 years ago.

Hi John,

Thanks for your reply.

You won't need to explain where your sister is living.

However, on the basis that she took out a standard residential Mortgage, you are best not to say that she is not living there currently. You are best just to say, as you intend, that it has been decided between you both that the property be transferred to you on the basis that you are living there and she is no longer living there.

Good luck.

Kind Regards
AL
Aston Lawyer and other Law Specialists are ready to help you
Expert:  Aston Lawyer replied 3 years ago.

Hi John,

Can I be of any more assistance to you?

Kind Regards

AL

Customer: replied 3 years ago.


No that's fine thanks.