04. Change of name

When there is a change of name, it is crucial for the conveyancer to be informed for several key reasons. This applies to name changes for the remortgager and those with legal authority over the remortgage, such as attorneys, deputies, executors, and trustees.

Here is why this is important and the types of documentation that can be used as evidence:

Alignment with Property Title Register	The conveyancer needs to ensure that the remortgager’s name matches the name(s) listed on the Property Title Register. This legal document confirms ownership of the property. Any inconsistencies between the remortgager's name and the names on the register could lead to complications or delays in the remortgage process.
Verification of identity	Providing proof of the change of name allows the conveyancer to verify the identity of the remortgager and confirm that they are the same person named on the Property Title Register. This verification helps prevent fraud or misrepresentation and ensures that the remortgage transaction is conducted with the correct legal owner.
Legal compliance	Conveyancers have a duty to ensure legal compliance throughout the remortgage process. By confirming the remortgager's identity and ensuring that their name matches the Property Title Register, the conveyancer helps maintain the integrity of the transaction and ensures that all legal requirements are met.
Documentation requirements	Certain documentation may be required to evidence the change of name, such as a marriage certificate, deed poll, or statutory declaration. Providing proof of the change of name allows the conveyancer to complete the necessary paperwork accurately and ensure that the remortgage transaction proceeds smoothly.

Change of name for remortgager or attorney on Power of Attorney

If either the remortgager or their attorney has undergone a change of name, it is imperative to promptly inform the conveyancer. Ensuring that all relevant documents accurately reflect these changes is crucial for maintaining legal clarity and compliance throughout the remortgage process. This notification allows the conveyancer to update the necessary paperwork and verify the identities of the parties involved, mitigating the risk of any discrepancies or misunderstandings. By proactively addressing any changes in names, both the remortgager and their attorney can proceed with confidence, knowing that their legal interests are being properly represented and safeguarded.

Change of name for remortgager or deputy on Deputyship Order

In the event of a name change for either the remortgager or the deputy named in the deputyship order, it is crucial to promptly inform the conveyancer. This ensures that all documentation accurately reflects the updated information and facilitates the verification of identities and authorities involved in the remortgage process. By proactively addressing any changes in names, both the remortgager and the deputy can proceed with confidence, knowing that their legal interests are being properly represented and protected. The conveyancer can then appropriately adjust the necessary paperwork to reflect these changes, ensuring compliance with legal standards and minimising the risk of any complications or disputes arising during the transaction.

Change of name for remortgager or trustee on Trust Deed

In the event of a name change affecting either the remortgager or the trustee named in the trust deed, it is essential to promptly inform the conveyancer. This ensures that all relevant documentation accurately reflects the updated information, thereby maintaining precise records and legal compliance throughout the remortgage process. By proactively addressing any changes in names, both the remortgager and the trustee can proceed with confidence, knowing that their legal interests are being properly represented and protected. Additionally, notifying the conveyancer allows for the necessary adjustments to be made to the trust deed and associated paperwork, ensuring that the remortgage transaction proceeds smoothly and in accordance with established legal standards.

Importance of evidence of name changes

Legal accuracy: Ensures all legal documents and records accurately reflect the current names of the parties involved.
Verification: Provides a clear trail of documentation to verify identity and authority.
Compliance: Helps in meeting legal requirements and maintaining the integrity of the property transaction.
Smooth process: Facilitates a seamless conveyancing process without unnecessary delays or complications.

Types of documentation

Change of name deed: A legal document that officially records a change of name.
Marriage certificate: Evidence of a name change due to marriage.
Divorce certificate: Documentation of a name change resulting from divorce.
Statutory declaration: A sworn statement used to declare a name change.

Informing your conveyancer about a change of name and providing the necessary documentation is essential to ensure the remortgage process aligns with the Property Title Register, verifies identities, maintains legal compliance, and facilitates a smooth transaction. This applies to changes in the names of the remortgager as well as those in legal roles such as attorneys, deputies, executors, and trustees. Proper documentation helps avoid delays, prevents disputes, and ensures the transaction proceeds efficiently and legally.