- Original Poster
- #1
Thanks for looking. I have a frustrating situation, and am trying to decide whether it would be worthwhile or not to make a claim. It would be the first time I've ever done it, so it's very hard for me to judge whether to proceed.
My wife and I jointly own a property, which has an outstanding mortgage but which is solely in her name (I know: this is very unusual, but yes - I am 100% sure of these facts!) I wish to remove my name from the title to avoid being hit by the new stamp duty regime on additional homes when I myself buy something soon.
A solicitor quoted me about £400 for this. I then rang the Land Registry, and was told if I want to do it myself I can fill out three forms & submit them online with a £20 fee. I'd much prefer this quicker & cheaper route. However, because of the charge on the property they said I would have to get a letter from the bank saying they have no objection. I explained to them I am not a party to the mortgage, but they said it doesn't matter to them - I have to get it.
The bank is willing to 'release' me, and even though I strongly feel it should not be necessary as I have no mortgage/contract/agreement with them, and therefore should not be beholden to them in any way whatsoever, I am willing go along with it just to get it done. However - the bank says it is compulsory for "us" to appoint a solicitor to handle the matter.
I have sent a letter of complaint, re-iterating what I told them on the phone - I shouldn't be forced to instruct a solicitor under these circumstances. I wish to remove my name, and my wife agrees to it.
If they do not reconsider their position, and I am forced to incur unnecessary legal costs (because of their policies/despite there being no contract/agreement between us) for what would be a £20 DIY cost, is it worth trying to recover the costs from them via MCOL?
I've anticipated replies along the lines of 'the bank is making your wife/their customer appoint a solicitor, not you/this might be allowable in her terms & conditions' - but I specifically told the bank that I want to remove myself, and that my wife does not object. Any agreement between her and the bank should not impact on me.
By the way, I haven't looked at the terms & conditions of her mortgage as yet. This is between me and the bank to my mind.
My wife and I jointly own a property, which has an outstanding mortgage but which is solely in her name (I know: this is very unusual, but yes - I am 100% sure of these facts!) I wish to remove my name from the title to avoid being hit by the new stamp duty regime on additional homes when I myself buy something soon.
A solicitor quoted me about £400 for this. I then rang the Land Registry, and was told if I want to do it myself I can fill out three forms & submit them online with a £20 fee. I'd much prefer this quicker & cheaper route. However, because of the charge on the property they said I would have to get a letter from the bank saying they have no objection. I explained to them I am not a party to the mortgage, but they said it doesn't matter to them - I have to get it.
The bank is willing to 'release' me, and even though I strongly feel it should not be necessary as I have no mortgage/contract/agreement with them, and therefore should not be beholden to them in any way whatsoever, I am willing go along with it just to get it done. However - the bank says it is compulsory for "us" to appoint a solicitor to handle the matter.
I have sent a letter of complaint, re-iterating what I told them on the phone - I shouldn't be forced to instruct a solicitor under these circumstances. I wish to remove my name, and my wife agrees to it.
If they do not reconsider their position, and I am forced to incur unnecessary legal costs (because of their policies/despite there being no contract/agreement between us) for what would be a £20 DIY cost, is it worth trying to recover the costs from them via MCOL?
I've anticipated replies along the lines of 'the bank is making your wife/their customer appoint a solicitor, not you/this might be allowable in her terms & conditions' - but I specifically told the bank that I want to remove myself, and that my wife does not object. Any agreement between her and the bank should not impact on me.
By the way, I haven't looked at the terms & conditions of her mortgage as yet. This is between me and the bank to my mind.
