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Changing names on deeds
2 Answers
My husband has signed a consent order giving me the whole house in our divorce. The Woolwich/Barclays say they cannot release the deeds to me to change, but only to a solicitor (cost approx �400+). Is this correct, does the deed need to be rewritten,surely I can have amendment added and witnessed independently myself. I have already informed Land Registry and I am completing a Transfer of whole registered title form (TR1)
I have small amount remaining on mortgage and Woolwich say if I clear this they can send me deeds but only then. Has anyone been in a similar situation?
I have small amount remaining on mortgage and Woolwich say if I clear this they can send me deeds but only then. Has anyone been in a similar situation?
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For more on marking an answer as the "Best Answer", please visit our FAQ.Deeds have been done away with for years. It is only your Registration on the computer at the Land Registry which counts now. Whilst the mortgage exists what Woolwich/Barclays have told you is correct and the reason is to ensure that no one takes unfair advantage of them. The fee for this work varies between �250 - �850, so �400 is reasonable. Whilst the mortgage exists you cannot transfer the title yourself, the Land Registry will not act without the consent of your lender, who, as you have been told, will wish it to be done by a solicitor. Minus the mortgage you can DIY for a cost of about �80. The Land Registry will guide you through the process and you will have to obtain a Stamp Duty Land Tax Certificate otherwise the LR cannot make the change.
Answer 1 is not wholly correct. If your property is leasehold, the lease will always be an important item; and the other deeds will be vital if your ownership remains unregistered at HM Land Registry.
An SDLT certificate may not be necessary either. Form SDLT 60 sometimes replaces it.
All in all, very little of answer 1 helps you. Consult a solicitor to ensure that your interests are fully protected.
An SDLT certificate may not be necessary either. Form SDLT 60 sometimes replaces it.
All in all, very little of answer 1 helps you. Consult a solicitor to ensure that your interests are fully protected.