Transfer of Equity Conveyancing - ITL Mortgages Panel Requirements

Does ITL Mortgages have a standard form of transfer of equity /deed of covenant?

No

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 ITL Mortgages UK Finance Lenders’ Handbook Part 2, contact point for finding out the debt amount:

Existing Lending & Insurance,
Oakfield House,
PO Box 600, Binley,
Coventry,
CV3 9YR
or DX 18855 Coventry 2.
Tel. 0800 1218899 Fax. 02476 839300

As a conveyancer on the ITL Mortgages panel you must ensure that every person who will be a borrower after the transfer covenants with ITL Mortgages 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 ITL Mortgages tell you not to in their CML part 2 requirements, please see below).

Does ITL Mortgages need to be sent the transfer of equity?

Yes

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

If different from 1.11, ITL Mortgages contact point for obtaining execution of transfer equity:

Completions Dept.
Oakfield House,
PO Box 600, Binley,
Coventry,
CV3 9YR

Tel. 02476 839357
Fax. 024 76839275

What form of attestation clause does ITL Mortgages use?

Executed as a deed by affixing the Common Seal of ITL Mortgages Limited in the presence of:
By Authority of the Board of Directors