How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33817
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

hello after divorce my ex wife has taken over the house, we

Customer Question

hello after divorce my ex wife has taken over the house, we both agree and so do the bank that i can come off the mortgage, my ex wifes conveyencing solicitor has closed the case after i was off the deeds even though i am still on the mortgage. the bank and the solicitor are each blaming one another please can you give me an outline of what should happen then i will have a better idea which way to turn. The problem seems to fall around a TR1 ? form.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Have the Mortgage Company agreed to release you?
Clare
Customer: replied 2 years ago.

Hello Clare yes they have agreed.

Expert:  Clare replied 2 years ago.
Hi
That is good.
What is the problem so far as the Mortgage Company lawyers are concerned
Clare
Customer: replied 2 years ago.

They need an original of the tr1 which my ex wife's solicitor says is already logged and kept at the land registry ,she sent a copy to the Mort lender who say the land registry will only accept the original. from what the customer complaint team say the Mort lender has to "stamp"the tr1 send it back to my x solicitor who then has to send to land registry

Expert:  Clare replied 2 years ago.
Hi
Have you checked the Land Registry to see if you are still registered as an owner?
Clare
Customer: replied 2 years ago.

The x,s solicitor says I am off the deeds

Expert:  Clare replied 2 years ago.
Hi
have you personally checked at the Land Registry?
https://www.gov.uk/search-property-information-land-registry
Clare
Customer: replied 2 years ago.

Thanks Clare. Yes it is only my ex showing as owner at the land registry

Adam

Expert:  Clare replied 2 years ago.
Hi
That is fine
In that case the Mortgage Company need to prepare a separate document releasing you from the mortgage and you will need to register that at the Land Registry.
It will not be a TR1 - it is a separate deed which they will need to prepare for you to sign.
Your ex's solicitor has acted properly - it is the Mortgage Company who need to produce this document so that you and they can sign/seal it and send it to the Land Registry
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Will the mortgage provider need proof of the land registry status ? does this also apply if it is my ex wife who origonally applied for my removal from the mortgage whenever i have contacted them they have said due to data protection the cannot discuss the issues with me

Expert:  Clare replied 2 years ago.
Hi
They can get their own copies if they wish - but by all means send them a copy to make the position plain
Since you are currently on the mortgage they must discuss the mortgage with you - including the application to remove your name
Clare
Customer: replied 2 years ago.

thanks for that, i will be contacting the bank on monday morning. if i rate you now, can i still come back to you if i need further help with this issue?

Expert:  Clare replied 2 years ago.
Hi
Yes I am always happy to deal with follow ups,
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33817
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Clare


I have spoken to the lender, they insist they need the tr1. Do you know if there is a written procedure listed for removing someone from a mortgage which i can use to get my head round who is talking rubbish, i have a problem that my ex believes her solicitor is god and will not accept she is partly to blame i know you said she has not done anything wrong but if this is the case, how come the tr1 is back at the land registry without being seen by the lender ?

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions