Transfer of Equity Conveyancing - Perenna Panel Requirements
This page was created to help England and Wales property lawyers conducting Transfer of Equity conveyancing who are on the Perenna conveyancing panel. It is not intended as an alternative to checking Perenna Part-2 instructions
As a conveyancer you must approve the transfer (which should be in the Land Registry's standard form) and, if Perenna require, the deed of covenant on their behalf. See below to see if Perenna have standard forms of transfer and deed of covenant
Does Perenna have a standard form of transfer of equity /deed of covenant?
No, a standard TR1 document will be acceptable. Perenna’s consent will be required before the transfer can take place.
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 Perenna UK Finance Lenders’ Handbook Part 2, contact point for finding out the debt amount:
Please contact our Mortgage Servicing team by either telephone: 0333 344 2833 or
Email: mortgageservicing@perenna.co.uk
As a conveyancer on the Perenna panel you must ensure that every person who will be a borrower after the transfer covenants with Perenna 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 Perenna tell you not to in their CML part 2 requirements, please see below).
Does Perenna need to be sent the transfer of equity?
Only if Perenna are required to execute it. Perenna consent is required before the transfer of equity.
If Perenna 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 Perenna for execution if it releases a party. All other parties must execute the transfer before it is sent to Perenna . See Perenna part 2 requirements for where the transfer should be sent for sealing. The UK Finance Lenders’ Handbook Part 2 also gives Perenna approved form of attestation clause - see below:
If different from 1.11, Perenna contact point for obtaining execution of transfer equity:
Please contact our Mortgage Servicing team by either telephone: 0333 344 2833 or
Email: mortgageservicing@perenna.co.uk
What form of attestation clause does Perenna use?
SIGNED AS A DEED by you in the presence of the Witness.
You Signature:
Name
Witness (signature, name, and address) Signature:
Name & Address:
Witness (signature, name, and address) Signature:
Name & Address:
Find out how to order your redemption statement request from Perenna