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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7590
Experience:  UK solicitor holding an England and Wales practising Certificate.
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Hello, I own a flat and have a share of the freehold, there

Resolved Question:

Hello,
I own a flat and have a share of the freehold, there are 3 other freeholders. One of the other flats is being sold and therefore their freehold needs to be transferred to the buyers. We have been asked as freeholders to sign the transfer deed, of which is fine. I am a little confused by the need to provide my personal information i.e. passport and utility bill. Also they have requested my copies of my lease, title deeds, and mortgage details ie outstanding balance etc. Last year the owner of one of the other flats sold and transferred the deeds and none of this was required. Do I need to provide this information?
Thank you for your help.
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Are they asking for your personal mortgage details on your own flat or are they asking for mortgage details for the freehold (although it would be very unusual for the freehold to have a mortgage on it?
Kind regards,
Tom
Customer: replied 2 years ago.

Yes, they are asking for my personal details pertaining to my own flat. I bought the freehold outright after I had purchased the property.

There are four flats in the building we all own them and all have equal share in the freehold. We are being asked to sign the transfer deed as one of the flats is being sold with their share of the freehold too. The other 3 freeholders (including myself) are being asked for their mortgage details, passport and utility bills. Last year one of the other flats was sold with the share of freehold and the other freeholders were not asked to provide this information.

Thank you, ***** ***** that makes sense.

Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your reply.
Drafting your answer now. 5 mins please.
Kind regards,
Tom
Customer: replied 2 years ago.

Ok thank you, ***** ***** know if you need any further information.

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If the solicitors are proposing for you to instruct them to arrange the transfer of the freehold (together with their client) then they would have to meet you in person to verify your identity (passport) and proof of address (utility bill, council tax invoice or bank statement).
If the solicitors are not proposing for you to instruct them, then they should send a Land Registry ID form to you so that you can go to another solicitor to complete it to verify your identity to them for the purpose of signing the transfer. The form is here:
http://www.landregistry.gov.uk/_media/downloads/forms/ID1.pdf
The solicitor that you attended with the form would need to examine your passport and proof of address to though, but copies would not be attached to the form so the solicitor acting in the sale would not get to see them. If you wish to withhold these details then you should request form ID1 from the solicitor.
Your lease/land registry title is a public document, which anyone can download from the land registry, so they probably just require it because their buyer’s solicitor has asked for it and they don’t want to spend the money. Entirely up to you to decide whether you want to do them a favour.
They don’t need your mortgage details (ie amount outstanding), this is nonsense. Though they will be able to tell that you have a mortgage from the land registry registered title, the amount you have outstanding and the details of the mortgage are private. I wouldn’t give it to them, it’s none of their business.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7590
Experience: UK solicitor holding an England and Wales practising Certificate.
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