Common questions relating to Adam & Company transfer of equity

• I jointly own a property in Romsey , with a Adam & Company loan with my ex partner. Him and his fiance are going to acquire my share. We had consent from Adam & Company to replace my name with hers. The transfer of equity has to be completed by a conveyancing solicitor for Adam & Company (apparently). Is it possible for us to deal with the Land Registry formalities?
• I am completing a Adam & Company transfer of equity request and have come to the section regarding defaults etc. There are some debts that I have been discharging over a long period, I understand that they no longer remain my credit score. Am I obliged to reveal these?
• My ex-wife and I are searching for a dependable conveyancing lawyer to assist in a transfer of equity and remortgage with Adam & Company. I I am fearful of being overcharged but with so many conveyancing firms who do transfer of equity conveyancing to pick from...who do I opt for?
• Am I best advised cancel the direct debit for my mortgage with Adam & Company as soon as a date for my remortgage and transfer of equity has been set?
• What if my application doesn't meet Adam & Company lending criteria for a transfer of equity?
• Is there such a thing a transfer of equity stamp duty calculator?
• I got divorced in 2011. I simply never got around to change the ownership from the current 'joint' status to my sole name. I now plan to deal with it and there are no objections. Transfer-of-equity is needed. Adam & Company is content to transfer the full equity in my name (affordability checks done). Does my ex need a solicitor?

Questions that your lawyer could ask about your Adam & Company Transfer of Equity

General Advice to read in supplemental the above Adam & Company transfer of equity Info :

Tax and Legal

There are numerous potential tax and legal implications when transferring equity for your property. You should always seek the advice of a solicitor on the Adam & Company conveyancing panel and accountant before transferring equity.

Transfer of Equity Conveyancing for Leasehold titles

If your property is leasehold, the lease may require that you obtain the consent of the landlord. If such conditions are not complied with you may be in breach of the lease. This could trigger the freeholder taking enforcement action against you.

Indemnity Insurance

If the transfer of equity is made pursuant to an Order of the Court, then Insolvency Indemnity Insurance is not required. In other cases, where a property is being transferred at less than market value between joint owners, an Insolvency Act Indemnity Insurance policy may be required. This is something that that your conveyancer will check with Adam & Company This is because, if the outgoing party is made bankrupt in the future, their Trustee in Bankruptcy could argue that they had transferred the property in order to avoid their creditors and apply to the Court to have the transaction set aside. If this happens, it could affect your lender or a future buyer from you as they would lose the property and the lender may not get back what they have loaned to you. The Insolvency Act Indemnity Insurance policy only protects lenders such as Adam & Company or future buyers from you. If there is no mortgage and the outgoing owner is made bankrupt, there is a risk to you that you could lose your home if the transfer is set aside. The cost of the Insolvency Act Indemnity Insurance policy varies based on the market value of the property at the time of completion of the transfer of equity conveyancing.

Preparing the Transfer of Equity with a Adam & Company Mortgage

When it comes to preparing the the Land Registry documents your conveyancer should in the ‘consideration’ panel choose the first option, if consideration is given; otherwise ignore the consideration panel altogether.

If Adam & Company is joining in the transfer to release someone from liability, put the release in the ‘additional provisions’ panel if someone is entering into a covenant relating to the charge, place it in the ‘additional provisions’ panel stamp duty land tax is not payable when there is no chargeable consideration for the transfer (Schedule 3, paragraph 1 of the Finance Act 2003). In the case of a transfer subject to a charge (even if the transfer is by way of gift) or if a property has been transferred for no value and there is an associated discharge, HMRC would view this as an assumption of an existing debt by the purchaser (Schedule 4, paragraph 8 of the Finance Act 2003) and stamp duty land tax may be payable if you wish you may state in the ‘additional provisions’ panel that ‘This transfer is made subject to a charge dated… in favour of…’

On form AP1, your lawyer should describe the transfer as ‘transfer of equity’ to assist Land Registry staff.

Information provided on this webpage is for general information and only applies to England and Wales. It should not be regarded as advice for members of the public who should contact their lawyer,mortgage broker, insurer and accountant for specific advice relating to transfer of equity. Whilst we endeavour to keep the information up to date and correct we do not make any representation or warranties of any kind about its completeness, accuracy, reliability or suitability. Any reliance you place on the information is strictly at your own risk. Lexsure will not be liable for any direct or indirect loss or damage arising out of or in connection with the use of this information.