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My partner is no longer talking to his Mum but she has him down on the deeds of her mortgage - he only found this out by sheer chance a couple of years ago. He never signed anything to say he should be on there or wanted to be on there. He really doesnt want to be on there. It is something to do with a deed of trust? My partner is now trying to buy his first property under a shared equity scheme but has to be a first time buyer - will he be registered as a buyer for this property? My partner doesnt want to get in contact with his Mum - its a long story but suffice to say she is better off not knowing anything about his life and vice versa. He is worried having listed his Mum's address on the mortgage as his previous address that the land registry will flag up that he is in fact an owner (of sorts). He is not on his Mums mortgage and it was all done completely without his consent. Can he get himself removed from the deeds voluntarily?


Halifax - SUCCESS August 2006

Woolwich - SUCCESS January 2007

 

 

Nationwide... you're next...

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Have obtained a copy of the landregistry form - and partner and his brother are down as registered owners??


Halifax - SUCCESS August 2006

Woolwich - SUCCESS January 2007

 

 

Nationwide... you're next...

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Hi Rascal,

 

This is all very mysterious as for someone to appear on Land Registry records as the joint proprietor of a property without having signed anything should be impossible. It's also normal practice for the names on a mortgage to reflect the proprietors of the property so for there to be a mortgage which your partner is not party to is also odd.

 

Firstly, the document you have from the land registry should show whether there is a mortgage. It will show a registered charge and which company has registered it. Your partner could then make enquiries of the company to ensure they don't have him named on any mortgage. If there is no registered charge this obviously won't be an issue.

 

It's not uncommon for property to be passed between family members like this, when it's passed from parents to children it's often to try and avoid inheritance tax. If your partner cannot recall any such arrangement or signing any documentation to take ownership (it would normally be in the presence of a solicitor and the solicitor should also have verified your partner's identity to comply with anti money laundering legislation) then you can obtain a copy of the documentation from the land registry. You need to complete a form OC2 which you can find on the forms page of the land registry website here:-

 

https://www.landregistry.gov.uk/www/wps/portal/!ut/p/c1/04_SB8K8xLLM9MSSzPy8xBz9CP0os3gfN1MTQwt381BD_2A3A08LT2cL49AwIwMTA6B8JG55dyNKdBsYEqPbAAdwNCCgOxzkV9wq_I3xy4P8hk8e5HqQPB73Bafm6ft55Oem6hfkhoZGGGR66joqKgIAYRxUQA!!/dl2/d1/L2dJQSEvUUt3QS9ZQnB3LzZfTEY1NDE4RzdVMU9TRjBJOElDODNVVjIwMDM!

 

If that link doesn't work you can go to the homepage Land Registry - Land Registry then click on forms/publications then click on forms and scroll down the list to OC2 which then opens as a PDF.

 

The form is fairly self explanatory until you get to section 7 where the document you want to request under nature of document is a Transfer, the date will be the date it shows your partner and his brother as becoming owners of the property, the title number should be on the register details you have already.

 

The fee for the application is £12.00 and you can post the form and a cheque to the relevant land registry. To find which office to send the form to go to the customer service section on the land registry website, then Office finder where you can search for the office by postcode, district or county.

 

Once you have got a copy of the transfer it might job your partner's memory or he might be reassured that he did indeed sign the form but if not you can then raise this with the land registry office for further investigation.

 

As far as the current application for a first time buyer mortgage is concerned there is no reason why the mortgage company would search land registry records to check his current ownership status on previous addresses (it costs them money for one thing). They will most likely search credit reference agency records and that's where any mortgage might come up and would probably scupper the chances of getting a first time buyer product. However, if he knows he owns a property (even if it is held on trust or has only been transferred to him for inheritance tax planning reasons and is not his main home) and doesn't declare it, it may cause problems later, if he has a mortgage adviser then it might be worth discussing the situation with them.

 

Hope this gives you some help with pointers for investigation.

 

GG

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