Transfer of Equity Conveyancing - Birmingham Midshires Panel Requirements

Does Birmingham Midshires have a standard form of transfer of equity /deed of covenant?

Yes, copies are provided with our mortgage instructions. You may however engross your own if appropriate provided that it safeguards our interests.

When drafting or approving a transfer of equity, you should bear in mind that:

• although the transfer should state that it is subject to the mortgage (identified by date and parties), it need give no details of the terms of the mortgage;
• the transfer need not state the amount of the mortgage debt. If it does, the figure should include both principal and interest at the date of completion, which you must check (see below for where to obtain this);
• there should be no statement that all interest has been paid to date.

If different from 1.11 of Birmingham Midshires UK Finance Lenders’ Handbook Part 2, contact point for finding out the debt amount:

Loans Servicing at Birmingham Midshires Mortgage Servicing, PO Box 833, 1 Lovell Park Road, Leeds, LS1 9PU.

As a conveyancer on the Birmingham Midshires panel you must ensure that every person who will be a borrower after the transfer covenants with Birmingham Midshires to pay the money secured by the mortgage, except in the case of:

• an original party to the mortgage (unless the mortgage conditions are being varied); or
• a person who has previously covenanted to that effect.

Any such covenant will either be in the transfer or in a separate deed of covenant. In a transfer, the wording of the covenant should be as follows, or as close as circumstances permit: "The new borrower agrees to pay the lender all the money due under the mortgage and will keep to all the terms of the mortgage." If it is in the transfer, you must place a certified copy of the transfer with the deeds (unless Birmingham Midshires tell you not to in their CML part 2 requirements, please see below).

Does Birmingham Midshires need to be sent the transfer of equity?

Only if we need to execute it.

If Birmingham Midshires have agreed to release a borrower or a guarantor and their standard transfer form (if any) includes no appropriate clause, you must add a simple form of release. The release clause should be as follows, or as close as circumstances permit: "The lender releases ... from his/her/their obligations under the mortgage." You should check whether a guarantor who is to be released was a party to the mortgage or to a separate guarantee.

You must obtain the consent of every guarantor of whom you are aware to the release of a borrower or, as the case may be, any other guarantor.

You must only submit the transfer to Birmingham Midshires for execution if it releases a party. All other parties must execute the transfer before it is sent to Birmingham Midshires . See Birmingham Midshires part 2 requirements for where the transfer should be sent for sealing. The UK Finance Lenders’ Handbook Part 2 also gives Birmingham Midshires approved form of attestation clause - see below:

If different from 1.11, Birmingham Midshires contact point for obtaining execution of transfer equity:

Transfers Section, address as in section 16.3.2

What form of attestation clause does Birmingham Midshires use?

Executed as a Deed by

as attorney for and on behalf of Bank of Scotland plc in the presence of:

Witness:
Name:
Address:

PLEASE NOTE we require you to confirm the effective date of the transfer before we can update our records ? failure to do so will mean that we will continue to correspond with the original parties to the mortgage.