UK Property Law
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Thanks for your question.
I’m afraid that the lender is unlikely to accept a Power of Attorney for the purpose of a full mortgage application, which is effectively what it is. A power of attorney allows a person to give authority legally to another person for the purpose of executing documents/contracts.
However, you can ask the lender if this is acceptable but it probably won’t be.
This means that you will have to ask the lender whether they will accept your brother as the applicant even though he is based in another country and presumably receiving foreign income. They may or may not accept this. If they do then he will have to instruct a UK based solicitor to act on his behalf and the solicitor will probably require that he attends a notary in his home country in order to notarise documents/proof of identity.
If this is not acceptable, then the other option would be for you to apply for the mortgage so that you can have the property transferred in to your name. You can then concurrently execute a declaration of trust which states that although you are legal registered owner, your brother has a 99% interest in the equity of the property. This may be acceptable to your brother.
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