Transfer of Equity Conveyancing - The Mortgage Business Panel Requirements

Does The Mortgage Business 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 The Mortgage Business UK Finance Lenders’ Handbook Part 2, contact point for finding out the debt amount:

The Mortgage Business, PO Box 548, Leeds LS1 1WU Fax no. 0845 6039009

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

Does The Mortgage Business need to be sent the transfer of equity?

Only if we need to execute it

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

If different from 1.11, The Mortgage Business contact point for obtaining execution of transfer equity:

Lovell Park
1 Lovell Park Road
Leeds LS1 1ND
TNT Code: 46
DX11896

Please send the transfer document marked 'Not For Scanning' to the above address. Tel 0345 8355721

What form of attestation clause does The Mortgage Business use?

as attorney for and on behalf of The Mortgage Business 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.