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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I'm trying to complete the DS1 form but I'm stuck as to what

Customer Question

I'm trying to complete the DS1 form but I'm stuck as to what to put in Q8 - Execution?
Would appreciate son guidance as my ex and I are completing the forms ourselves to remove him as a charge on my mortgage as I'm paying him out?
Thank you in advance
Lorett
Submitted: 1 year ago.
Category: Property Law
Expert:  propertylawyer replied 1 year ago.

Hi Lorett

I can help.

Can you show my what you have done so far by attaching the ds1 to a message by using the paperclip.

Do you have a copy of the title? I can check that the rest of ds1 is correct and then provide the wording for the execution clause.

Customer: replied 1 year ago.
I am sending a photo of what I have completed
Customer: replied 1 year ago.
I only have a paper copy of the form
Customer: replied 1 year ago.
Is it ok??
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my bets to help you but I need some further informtaion first

Are you actually paying off your mortgage?

If not have the Mortgage Company agreed to release him from the mortgage?

Customer: replied 1 year ago.
I am not paying the mortgage off - I am re-mortgaging to pay him out and it is all arranged. Just need to complete the DS1 and need the wording for Q8 - Execution. I have completed the other information with regards ***** ***** title number and date of the charge
Expert:  Clare replied 1 year ago.

Who is dealing with the re-mortgage?

Customer: replied 1 year ago.
Nationwide
Customer: replied 1 year ago.
the solicitors that are doing it on their behalf is Gindleys and my contact there is Louise Dickensons
Expert:  Clare replied 1 year ago.

Just to check - they are happy with you dealing with the Discharge of the previous mortgage?

Customer: replied 1 year ago.
as I have a letter from my ex accepting the offer they send me the DS1 for us to complete as it will be no cost for us but a lot of money if they do it on our behalf? I have the title deed number and date of charge if you need it?
Expert:  Clare replied 1 year ago.

Did they also send you the TR1?

Customer: replied 1 year ago.
The property solicitors dealing with this on behalf of Nationwide told us they only need the DS1. What is the TR1 for?
Expert:  Clare replied 1 year ago.

Again Just to check - your ex is not a joint owner of the property - he just lent the money and held a Charge on the property?

Customer: replied 1 year ago.
The property is in my sole name and he is only a charge on the mortgage
Customer: replied 1 year ago.
I just need someone to help us with the wording in the Execution clause, please?
Customer: replied 1 year ago.
where he needs to sign as I we do not see any signature box on the form, please?
Expert:  Clare replied 1 year ago.

Ah that is fine - what you mean is he actually held a mortgage on your property!

so it is simply

"Signed as a deed by (his full name) signature

in the presence of:-

Signature of Witness (not you)

Name of Witness in Capitals

Address of Witness

Hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
it will look like this:
Signed as a deed by CHRISTIAN ALAN BREDENKAMP - signaturein the presence of:- ***** *****LEYSignature of Witness (not you)***** *****LEYAddress of Witness
12 HARROW LANE
Expert:  Clare replied 1 year ago.

Almost

You do not need to put the witnesses name in after the :-

She just signs and then puts her name and full address underneath

Your exs name does go in like that then a gap and further across the page his signature

Customer: replied 1 year ago.
Thank you very much!!
Expert:  Clare replied 1 year ago.

You are very welcome

Clare, Solicitor
Category: Property Law
Satisfied Customers: 34234
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
Clare and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Am I allowed to ask another question about this or do I have to pay again?
Expert:  Clare replied 1 year ago.

Go for it - follow ups are free!

Customer: replied 1 year ago.
it says on the DS1 form I need to complete a DS2 form, however the property solicitors only asked me for DS1 and send me a DS1 form only. What is a DS2 then, please?
Expert:  Clare replied 1 year ago.

You do not need to complete one as the Solicitor will deal with that part!

Customer: replied 1 year ago.
Phew! Thank you thank you thank you for all your help!!
Customer: replied 1 year ago.
Promise this is the last question! My solicitor suggested we lodge a consent order with the court so that my ex cannot come back in a couple of years time and demand more money from the sale of the property - if I sell and the value has gone up. Is that needed or will the signed DS1 stop him from making any further claims on my mortgage? I just need this to be water tight and no come backs?
Expert:  Clare replied 1 year ago.

Were you married?

Customer: replied 1 year ago.
we got divorced in 2012 but it was just a divorce and nothing to do with our finances or the kids. we did that between ourselves.
Expert:  Clare replied 1 year ago.

Technically unless he remarries he still has a potential claim within the divorce proceedings (as do you on him) unless there is a final Financial Order sealed by the Court

However he would have to go through the Courts to get it with no guarantee of success

Customer: replied 1 year ago.
That was what the solicitor said, I think I will have a word with him and see what he says. He is living with someone and we did say we will not have any claim on each others finances and he was happy to just remain a charge on the property until I can pay him out or sell my house.
Expert:  Clare replied 1 year ago.

Realistically I do not think you have cause for concern!

Customer: replied 1 year ago.
That will save me a lot of money if I don't need to do that! Thank you Clare
Expert:  Clare replied 1 year ago.

You are welcome