Transfer of Equity Conveyancing - New Street Mortgages Panel Requirements
This page was created to assist E&W property lawyers conducting Transfer of Equity conveyancing who are on the New Street Mortgages conveyancing panel. It is not intended as an alternative to reviewing New Street Mortgages Part-2 instructions
As a conveyancer you must approve the transfer (which should be in the Land Registry's standard form) and, if New Street Mortgages require, the deed of covenant on their behalf. See below to see if New Street Mortgages have standard forms of transfer and deed of covenant
Does New Street Mortgages have a standard form of transfer of equity /deed of covenant?
No, to be drafted by you and sent to us for approval
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 New Street Mortgages UK Finance Lenders’ Handbook Part 2, contact point for finding out the debt amount:
New Street Mortgages, PO Box 4760, Maidenhead, SL60 1HU. Tel: 0333-300-3100, Fax: 0333-300-3132, email: enquiries@newstreetmortgages.com
As a conveyancer on the New Street Mortgages panel you must ensure that every person who will be a borrower after the transfer covenants with New Street 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 New Street Mortgages tell you not to in their CML part 2 requirements, please see below).
Does New Street Mortgages need to be sent the transfer of equity?
Yes
If New Street 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 New Street Mortgages for execution if it releases a party. All other parties must execute the transfer before it is sent to New Street Mortgages . See New Street Mortgages part 2 requirements for where the transfer should be sent for sealing. The UK Finance Lenders’ Handbook Part 2 also gives New Street Mortgages approved form of attestation clause - see below:
If different from 1.11, New Street Mortgages contact point for obtaining execution of transfer equity:
New Street Mortgages, PO Box 4760, Maidenhead, SL60 1HU. Tel: 0333-300-3100, Fax: 0333-300-3132, email: enquiries@newstreetmortgages.com
What form of attestation clause does New Street Mortgages use?
Executed as a Deed by [Kensington Mortgage Company Limited trading as New Street Mortgages]
Acting by its Attorney [Acenden Limited]
In the presence of [witness]
Find out how to order your redemption statement request from New Street Mortgages