Couple split - dealing with Mortgage Co & LR

[Gaggsy]

Hello all you helpful people. I'm looking for a bit of advice on behalf of a friend. He is considering appointing a solicitor but I think this may be unnecessary.

Here are the details:

He is currently a named person, with his ex girlfriend, on a mortgage for a freehold property. He is also named on the land registry for this house. They agreed with a deed of trust that when they split up she would pay him half of the equity at the time so that she could still stay in the house. They also agreed that she would either have to get a new mortgage without his name on it or sell the house by the end of June 2022. At the time of the split, the value of the house was lower than what they bought it for so she couldn't get a mortgage due to the % of equity. She paid all costs towards the house during this time (bills, mortgage, maintenance etc) and if the value of the house changed, neither of them could try and claim more money off the other.

She has spoken with the mortgage lender and they have told her they are happy to take his name off (presumably because the value of the house has gone up and has a higher equity). This also means there are no early repayment charges.

He has been asked to fill out sections 4 & 12 of the TR1 form to take his name off the land registry. Can he do this and send it back to her solicitor or does he need to appoint his own solicitor?

Her solicitor has said they need this form filled out before the lenders will do anything. Is this correct and is he at any risk if he signs this and then the lenders come back and don't take him off the mortgage? How will he get proof that his name has been taken off everything?

[pompeygazza]

are you sure she is telling the truth, lenders don't usually just take the name off a mortgage without agreeing a new mortgage.