Common questions relating to Manchester Building Society transfer of equity

• My existing mortgage is with Manchester Building Society. Can I transfer equity to someone who is not yet eighteen years old?
• How much the typical solicitors costs are for a transfer of equity? I'm in the process of remortgaging - moving over to Manchester Building Society - and have been quoted Three Hundred pounds including VAT by Manchester Building Society's approved conveyancing solicitor, Have I been over quoted?
• Three years ago I bought a apartment without my wife's name on the ownership paperwork. My lawyer claimed it is due to the fact that she is not in the mortgage with Manchester Building Society. Is it possible for me to add her name on the deeds?
• Will I incur any charges for a Transfer of Equity where the current home loan is with Manchester Building Society?
• Me and a friend got a joint mortgage with Manchester Building Society on a house about a year ago. I am now looking to get a flat by myself and my friend would like to buy me out. On the basis that we can settle on a figure where do we go? Is there likely to be any problem with Manchester Building Society with him being solely liable for the total mortgage rather than only half of it?
• Is it possible to transfer the equity held in my property with my Manchester Building Society home loan?
• What do I do if I am not happy with the lawyer who undertook my transfer of equity conveyancing?

Questions that your conveyancer could ask in relation to your Manchester Building Society Transfer of Equity

Caveats to be read in conjunction with the above Manchester Building Society transfer of equity information :

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 Manchester Building Society conveyancing panel and accountant before transferring equity.

Transfer of Equity Conveyancing for Leasehold premises

If your property is leasehold, provisions in the lease may have a requirement for notices to be served and that you obtain the consent of the freeholder. If such conditions are not complied with you may be in violation of your covenants under 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 Manchester Building Society 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 Manchester Building Society 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 is dependent on the market value of the property at the conclusion of the transfer of equity conveyancing.

Preparing the Transfer of Equity with a Manchester Building Society 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 Manchester Building Society 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.

Content 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.