Join Australia's most dynamic and respected property investment community

Legal work help. UK remortgage

Discussion in 'Property Finance' started by Paterson00, 18th Oct, 2015.

  1. Paterson00

    Paterson00 Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    193
    Location:
    Perth WA
    Hi all,

    I have secured a good re-mortgage deal on my UK property recently but I am having bumps in completing the deal and could use a referral for an Australian Solicitor.

    The re-mortgage application required that the applicants be off shore from Australia when the mortgage was submitted. A simple over sight on our part meant that my wife and I did not make plans for my wife to join me in leaving the country and by the time we realised our mistake it was just two days before the application went in. Annual leave, flights etc had all been arranged for me but to have my wife join me, we had left it too late to make suitable arrangements for her business and babysitters etc so we decided to remove her from the application rather than stall and lose money for the flights and hotel I had booked.

    This was a huge mistake as it turns out as now the lender in the UK want to have a solicitor in Australia who is licensed to practice law in the UK read a document to my wife to ensure that she is fully aware of the implications that she is about to sign to in that she is effectively giving up her right to the property.

    The other option here is to cancel the application completely and start from scratch but this will mean a new application ($2500), flights (at least $600 for the pair of us) and baby sitters, annual leave and someone to step into my wifes shoes in her business while we take a day trip to Bali.

    I am finding it impossible to find someone who is able to represent us in Australia. Does anyone know of anyone who may be able to help? I am based in WA near Perth.

    Many thanks

    Paul
     
  2. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

    Joined:
    18th Jun, 2015
    Posts:
    8,973
    Location:
    Sydney
    There is a super specialist on the forums who is admitted in the UK and practices as a barrister in Australia. I cannot remember his name now
     
  3. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

    Joined:
    18th Jun, 2015
    Posts:
    8,973
    Location:
    Sydney
  4. Redwood

    Redwood Well-Known Member

    Joined:
    22nd Jun, 2015
    Posts:
    342
    Location:
    Melbourne
    Jeremy Gordon is a gun - highly recommended!
     
  5. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,556
    Location:
    Sydney or NSW or Australia
    Why go to bali when a quick trip to Calais or Majorca would suffice and be done over a long weekend
     
  6. Paterson00

    Paterson00 Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    193
    Location:
    Perth WA
    Hi all and sorry for not replying, I did not get any alerts, must not have set them.

    I live in Perth so Calais is quite a trip from here.

    Looks like we have this in the process of being sorted now. Spoke to the mortgage broker who didn't realise we were having such a hard time with it and also he didn't realise which legal team had been put on the case. He made quick phone calls to the lender, explained the whole situation and we now have a different legal team and I am assured that we will not have the same issue with the new one as our situation is fairly common by all accounts. Time will tell and I will update you as we go on.

    Thanks all for your help, I hope I can repay the favour sometime.
     
    Gockie likes this.