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Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 33283
Experience:  family solictor with 25 years experience
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I have a question on Deed of Consent & Charge JA: The

Customer Question

HI, I have a question on Deed of Consent & Charge
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: My wife is taking out a mortgage in her name only
JA: Is there anything else important you think the Lawyer should know?
Customer: i've had a letter from the solicitors that she/I are using for our new house purchase. As Im not on hte mortgage they have asked me to sign a Deed of Consent & Charge form
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: UK Law
Expert:  Clare replied 6 months ago.
Thank you for your questionMy name is***** shall do my best to help you but I need some further information first.What would you like to know about this?
Customer: replied 6 months ago.
Thank you for your prompt response. The letter to from my wifes solictors states that I should seek independent legal advie before signing the Deed of Consent & Charge. I think I understand what the form means, in terms of the mortgage though. What rights am I signing away? Is it just basically saying the Mortgage Company have first legal charge over the new property, if payments fall behind or are stopped and the house is reposessed? how does that affect any equity built up in the house? What happens if we get divorced and the effect on spiltting the house? Not that I'm planning too!!!
Expert:  Clare replied 6 months ago.
You have actually identified what it is about.It means that you are confirming that you are aware of the mortgage and understand that any interest in or claim on the equity you may have can only "bite" after the mortgage has been accounted for.This is a matter of the mortgage company protecting their interest - and the solicitor dealing with the mortgage protecting themselvesThe problem is that you may need to have your signature witnessed by a solicitor - and many are reluctant to do soPlease ask if you need further details

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