When obtaining a mortgage, the owner of a property (the person named on the mortgage) will be asked by his lender if there will be any people who will be residing at the property on completion who won’t be named on the mortgage.
If this is the case, the lender will ask the borrower to have all additional occupiers sign a Deed of Consent or a Letter of Postponement (some lenders refer to the document differently but it effectively means the same thing). It is now a requirement of the Council of Mortgage Lenders (CML) for occupiers to obtain independent legal advice before executing a Deed, and before a borrower draws down a mortgage.
The firm of solicitors who are acting for the property owner/borrower will write to an occupier or proposed occupier asking them to obtain independent legal advice on the implications of signing a Deed of Consent and have their signature witnessed on the Deed by an independent solicitor. Some mortgage lenders don’t require that a signature is witnessed by the solicitor who is providing the independent legal advice even though the advice is mandatory. The solicitor who is acting for the borrower would confirm this, then you will know whether you can obtain the independent advice remotely.
In such circumstances, we can assist you, quite often on short notice. A solicitor who is acting on behalf of a lender would not be able to complete a mortgage until this has been seen to.
We can also assist you with independent legal advice relating to HSBC indirect mortgages, transfers of equity, adding debt onto your mortgage / secured loan, equity release, statutory declarations and we can complete and certify ID1s for HM Land Registry where you wish to be unrepresented.
Please call us on 0207 183 0084 or email us on property@olaleslie.com for details on our fees and to book a mutually convenient appointment.
Ayesha Leslie, Partner
Ola Leslie Solicitors
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The contents of this page are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this page.
We are will solicitors, probate solicitors, power of attorney solicitors, deputyship solicitors, guardianship solicitors, trust deed solicitors bridging finance / bridging loan solicitors, independent advice Deed of Consent solicitors, statutory declaration / affidavit solicitors, ID1 solicitors and ID certification solicitors in Borough High Street, London Bridge, Southwark, but also cover South West London, South East London, North London, North West London, West London, East London, South London, Balham SW11, Balham High Road, Fulham, Purcell Gardens, Purcell Crescent, Hammersmith, Parsons Green, Fulham Broadway, Fulham Road, Kings Road, North End Road, Old Brompton Road, King Street Hammersmith W6, New Kings Road, Brompton Park, Shepherds Bush Road, Acton Vale, Westfield, Putney High Street, Putney Bridge, Kent, Esher, Surrey, Essex, Suffolk, Canary Wharf, London Docklands, Tower Hamlets, Battersea, Battersea Power House, Battersea Reach, Shepherds Bush, Wandsworth, Old Kent Road, Maldon, Chelmsford, Chigwell, Acton, Ealing, Putney, Barnes, Purley, Redhill, Crawley, Croydon, Slough, Lambeth, Lewisham, Anerley, Penge, Westminster, Chelsea, Chelsea Harbour, Holloway, Angel, Old Street, Earls Court, Gloucester Road, Hyde Park, Surrey Quays, Bermondsey, Clapham North, Clapham South, Clapham Common, Clapham Junction, Streatham Common, Norbury, Camberwell, Waterloo, Dulwich, Greenwich, Green Park, Wimbledon, Merton, Tooting, Streatham, Brixton, Norwood, Oval, Vauxhall, Cornwall, Plymouth, Isle of Wight, Maidstone, Orpington, Beckenham, Leyton, Leytonstone, Plaistow, Edmonton, Highams Park, Tottenham, Walthamstow, Bromley, Goddington, Chessington, Tolworth, Esher, New Malden, Kingston, Molesley, Southfields, Parliament Square, Trafalgar Square, Charing Cross, Bank, St Pauls, Kings Cross, Euston, Surbiton, Coombe, Carshalton, Epsom, Cheam, Morden, Leatherhead, Woking, Crawley, Horsham, Haywards Heath, Windsor SL4 SL5, Maidenhead SL6, Egham TW20, Farnham, Farnborough, Guildford, Dorking, Cobham, Rose Lodge Wood, Littleheath Common, Claremont Park, Keston, Keston Park, Bromley, Oxshott, Downside, Weybridge, Hersham, Addlestone, New Haw, Walton On Thames, Esher, Rydens, West Wickham, Hayes, St Pauls Cray, Chelsfield, Pratts Bottom, Kent, Great Bookham, Claygate, Shepperton, Reigate, Cobham, West Sussex. Postcode areas include KT1, KT2, KT3, KT4, KT5, KT6, KT7, KT8, KT9, KT10, KT11, KT12, KT13, KT14, W1, W2, W3, W4, W5, W6, W7, W8, SW1, SW2, SW3, SW4, SW5, SW6, SW8, SW9, SW10, SW11, SE20, SE19, SE18, SE17, SE16, SE15, SE14, SE13, SE12, SE11, SE10, SE9, SE8, SE7, SE6, SE5, SE4, SE3, SE2, SE1, E14, E13, E12, E11, E10, CR1, CR2, CR3, BR1, BR2, BR3, BR4, BR5, BR6, SM1, SM2, SM3, SM4, SM5, SM6, SM7, SM8, GU1, GU2, GU3, GU4, GU5, GU6, GU7, GU8, GU9, GU10, GU11, GU12, GU13, GU14, GU15, GU16, GU17, GU18, GU19, GU20, GU21, GU22, GU23, GU24, GU25, TW20, TW19, TW18, TW17, TW16, TW15, TW14, TW13, TW12, TW11, TW10, TW9, TW8, TW8, TW7, TW6, TW5, TW4, TW3, TW2, TW1, SW1X, SW1W, NW8, W14, W1H, SW1E, ME1, ME2, ME3, ME4. We also act for clients who carry out property transactions in the UK but reside in other parts of the world for instance America (USA), Canada, Saudi Arabia, Dubai, Abu Dhabi, Nigeria, Lagos, Ghana, Kenya, Nairobi, Pakistan, Afghanistan, Iraq, Erbil, Iran, Kurdistan, Tajikistan, Uzbekistan, India, Mumbai, Delhi, Bangalore, Kerala, Lebanon, Russia, Greece, Cyprus, France, Paris, Spain, Barcelona, Germany, Hamburg, Australia, Holland, New Zealand, China, Virgin Islands, Guernsey, Tibet and Korea.