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Remortgage

Last post Sat, Jul 04 2009, 2:35 PM by awuzu2009. 4 replies.
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  •  Sat, Jul 04 2009, 12:29 PM

    Remortgage

    hi all,

    need a bit of info. we bought our first property in 2002 with nationwide mortgage.signed all the documents and opted for a joint tenancy with my wife.

    in 2006 we sold and bought a bigger place with nationwide giving us additional borrowiong.last year we remortgaged to hsbc. they provided us with a solicitor as part of the deal.however we did not sign any documents regarding joint or tenancy in common.

    my question is this. does the old document ie joint tenancy, we signed in 2002 for our first property still hold even though we have moved and remortgaged? if not how come the solicitors provided by hsbc did not send us any documents to sign for joint or tenancy in common.

    thanks

    • Post Points: 20
  •  Sat, Jul 04 2009, 1:53 PM

    Re: Remortgage

    Hi - Unless you both requested a change in which way the property ownership was held & recorded, then the Solicitor will re-apply the pre-existing method of joint tenants onto your newer property.

    To change the way in which the property was held into the other differing method of tenants-in-common, would require a signed authorisation from both existing joint tenants, i.e yourself and your wife requesting the new change.

    • Post Points: 20
  •  Sat, Jul 04 2009, 2:14 PM

    Re: Remortgage

    many thanks conmankiller. we do not intend to change the ownership.i just needed to know that our current property is held as joint tenants even though we did not sign any new document when we remortgaged.

    we currrently do not have a will and therefore want to make sure that the property goes to the other(100%) if one of us should die.i believe that is what happens if you hold your property as joint tenants.

    i thought we will be asked to sign a new document to that effect when we bought our new property and then remortgage from nationwide to hsbc.

    thanks for the information.

    • Post Points: 20
  •  Sat, Jul 04 2009, 2:29 PM

    Re: Remortgage

    awuzu - If you want to double check you can download a copy of your property title documents for £3 from HM Land registry, it's cheaper and less hassle than having to enquire through the Solicitor.

    http://www.landregistry.gov.uk/wps/portal/Property_Search

    You are correct - "joint tenants" means that the other half of the house automatically passes over to the surviving partner on the death of either party, it is the usual way in which married persons hold the ownership of property.

    Tenants-in-common is not automatic, that method is usually used for more informal arrangements or business partnerships, this method enables each party to leave their share independently to whom they should name in their will.

    • Post Points: 20
  •  Sat, Jul 04 2009, 2:35 PM

    Re: Remortgage

    many thanks. i will take your advice and download a copy form the land registry. you have been very helpful. most appreciated.thank
    • Post Points: 5