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I am worrid that I signed a form for a friend but didnt spend

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I am worrid that I signed a form for a friend but didnt spend enough time reading what I was signing (yeah, I know!).

He told me that he wanted to borrow additional money against his property and needed a witness.

However, I am paranoid that I may have signed a form saying that I would act as a guarantor. We are no longer friends.

Is there a way to find out if a mortgage lender has my details held as a guarantor?
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Did you have any discussions with the lender prior to signing?

 

If it was a mortgage deed then the borrower's signature would have to have been witnessed, though some mortgage deeds have guarantor's boxes for their signature on them as well. Do you still suspect you guaranteed rather than witnessed?

 

Did the borrower specifically say he needed something "witnessed" or "guaranteed"?

 

Tom

Customer: replied 3 years ago.

Hi Tom,

 

I do not know who the lender is - otherwise, I would contact them direct.

 

From brief research that I did, I saw that "most" lenders would insist that a guarantor would have to have sought independent legal advice before they could be accepted as a guarantor but this didn't always apply for all lenders.

 

The borrower is himself a IFA, thus, I am suspicious that he may know which lenders would be prudent on who they would accept as a guarantor and who wouldn't be.

 

But in answer to your initial question, no, I did not have any contact with the lender before nor since signing the document. As I say, I am just worried that someone may hold my details but I don't know who and if I am merely held as a witness or as a guarantor.

 

Yes, the borrow explicitly said that he wanted me to be a witness, he claimed that he wanted to borrow an additional funds against his property. I was never asked to be a guarantor and was never asked about my own finances as to whether I could be in a position to act as a potential guarantor.

 

So do you think I have genuinely anything to worry about? And is there a way to find out if any lenders hold my details as a guarantor? If I am held as a guarantor and I was duped, could I still be held responsible for taking this guy at his word?

 

Thanks,

 

Jaime

 

Expert:  Thomas replied 3 years ago.

Hi Jaime.


It sounds as if you have merely acted as witness. If you had acted as guarantor your signature would have had to have been witnessed by a third party.


If he signed then you signed, printed your name and address then this would be the normal procedure for witnessing his signature for a mortgage deed and your status is merely as a witness.

 

If he state that you were merely witnessing then this probably what you were doing - it would be an extremely dodgy IFA to have duped you in to being a guarantor under these pretences. He would be putting his career at risk. If you have signed a guarantee document then you may be bound - it was your responsibility to find out what you were signing - but would have a claim against him in turn.

 

You're not going to know unless you speak to the IFA. Ask him your status, get the lenders name, his mortgage account number and write a letter countersigned by you both to the lender asking for confirmation that you are not the lender.

 

It sounds as if you are a witness, but without confirmation from the lender you never know.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom



Edited by Thomas on 11/4/2010 at 10:01 AM EST
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Category: UK Law
Satisfied Customers: 6444
Experience: BA (Hons), PgDip, Practising Solicitor
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