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Consent and Postponement of Deed - First Direct

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  • Consent and Postponement of Deed - First Direct

    I am buying a house with my partner, but only she will be on the mortgage and title.

    I fully understand and accept the implications of this.

    First Direct have sent a Letter of Consent and Postponement by Deed through the solicitor. He has advised I get legal advice before signing, and the letter says FD "Strongly recommends" me to get legal advice. I understand exactly what this letter means, so I don't feel the need to spend money to get it explained and witnessed by another solicitor. As there's no requirement to get advice, can I get anyone (over 18) to witness provided they would, if necessary, be an adequate witness in court? Not family or anyone involved in the house of course.

    Just as an aside, the whole witnessing thing seems a bit of a mess. Legally on this sort of form I'm sure I could get a 100 year old to witness although they would be unlikely to prove much help in a possible future court case. And it asks for "occupation" although I believe the old requirements of needing a "doctor, lawyer or civil engineer" or other upstanding local citizen have long gone. I stand to be corrected of course.
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  • #2
    A witness must have mental capacity and not be under the age of 18. The same person may witness more than one signature but must sign and complete the details below every signature witnessed. A party to the deed cannot witness the signature of another party to the deed.

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