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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10098
Experience:  30 years as a practising solicitor.
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My husband is re-mortgaging our house and as part of

Customer Question

Customer: hello. My name is ***** ***** husband is re-mortgaging our house and as part of condition set out by the Scottish Widows, I need to sign a form seeking independent legal advise and witnessing the signiture , having phoned around, no solicitors are willing to advice on the issue
JA: Thanks. Can you give me any more details about your issue?
Customer: Yes, Scottish Widow, the lender's solicitor sent me a letter, explaining it is a condition of the mortgage offer that I agree to Scottish Widow taking a mortgage over the property and that I postpone any rights or interests that i may have in the property in their favour. it sets out six detailed termsL 1. the occupier, in this case, myself, being a person who is in occupation of the property, consents to the creation of the mortgage deed to secure all sums due to the bank by the borrower 2. The occupier postpones any present or future rights or inters which they may have in the property to the bank's right and interest under the mortgage deed 3. The occupier will mot maintain again the bank any right or interest mentioned in the 2 above and will give possession of the property to the bank if it exercises its right under the mortgage deed 4.the occupier agrees that the benefit of the this deed maybe trandfeerd to and enforced by anyone who has the benefit of the mortgage deed and the occupier confirms they have read the above, achkinowleges that prior to execution of this dee the occupier has obtained legal advice independent of the borrowers regarding the terms and effect of this deed so I have been calling law firms, with the recommendation of the Law society, but so far. no firm is willing to give me advice - I wonder why and how should I preceed from here
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to UK Property Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: how long does it take?
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 11 months ago.

This issue must be dealt with by way of a face to face meeting with you and a solicitor because you have to be independent advised. If you are having difficulty getting a solicitor to see you, get your husband to report this to the solicitors dealing with the remortgage transaction and they should be able to suggest a solicitor that you can go and see certainly this is not something that a JustAnswer solicitor can deal with as it has to be face to face.