Adam & Company transfer of equity example support desk enquires

• My decree absolute has gone through as is the consent order. Now I have to address the transfer of equity on title deeds and the Adam & Company home loan. I have called Adam & Company for the transfer of equity application. What do I do now?
• My friend and I got a joint mortgage with Adam & Company on a apartment a couple of years ago. I am now looking to get a property by myself and my friend would like to buy me out. Assuming we can agree a figure what are the next steps? Is there likely to be any problem with Adam & Company with him being responsible for the total mortgage rather than only half of it?
• Me and my partner jointly own a property in Sedgefield . Mortgage is with Adam & Company. I would like to transfer full ownership to him with no exchange of money but without using a conveyancer. Is this likely to be simple?
• Can I apply to borrow more money from Adam & Company as part of a Transfer of Equity?
• My former husband are planning to get a lawyer lined up for a refinance with Adam & Company. Transfer of Equity conveyancing is also neededI have used the different rating based websites and the results are from all over UK. How necessary is it to have a conveyancing solicitor local to us?
• My Adam & Company home loan we jointly entered into with ex, he is agreeable to be removed and let me have the property. Adam & Company have consented to the transfer of equity to me solely. Will Adam & Company call my company to confirm my salary?
• Am I best advised stop the direct debit for my mortgage with Adam & Company once a date for my remortgage and transfer of equity has been agreed?

Sample of information requested in a conveyancer questionnaire relating to Adam & Company Transfer of Equity

Important warnings to consider in supporting the above Adam & Company transfer of equity Questions and Answers :

Tax and Legal

There may be various 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 have a requirement for notices to be served and that you have a license to do so from the landlord. If such conditions are not complied with you may be in violation of your covenants under the lease. This could potentially result in 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 lawyer 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 conclusion 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 conveyancing solicitor 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 does not constitute 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.