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Below is a list of the most common customer questions. If you can’t find an answer to your question, please don’t hesitate to reach out to us.
A Deed of Appointment is a legal document that appoints an individual (or professional body) into a specific role. There can be several types of Deeds of Appointment across various areas of law, which are each required for specific matters.
Who can witness the Deed? A person can be a witness to your signature provided that they are: over 18 years old. Independent (unrelated to you i.e. not a family member). And Not a party to the Deed (nor their husband/wife/civil partner). Witnesses should print and sign their name and provide their full address.
Who can witness this? The witness needs to be 18 or over, not a relative, not party to this mortgage and doesn't live in the property. Dependent on who your new lender is, a mortgage advisor may not be an acceptable witness.
A witness should not be the signatory's spouse or partner or a family member, and should not have a personal interest in the provisions of the document. Case law has confirmed that a party to the document cannot act as a witness to another party's signature. It is advisable that a witness is aged eighteen or over.
Who can act as a witness to a signature? A party to a deed cannot be a witness to another signature to that deed. Legislation does not prohibit a signatory's spouse, cohabited or civil partner from acting as a witness, and it is also generally acceptable for an employee of a party to witness that party's signature.
Answer: Generally speaking, it is best practice to have a third party witness your signature. Therefore, you should avoid getting your wife or husband to witness your signature. This is especially the case if your wife or husband is party to the agreement you are signing, or if you are signing a deed.
A Substitute Trustee is appointed by the holder of the note to handle the foreclosure process when the Trustee named in the Deed of Trust is not available to perform the process. This form may also be used when the original trustee is not available to sign the resignation form.
They require a trustee's deed (alternately called a foreclosure deed or substitute trustee's deed, if applicable) to convey foreclosed property at a trustee's sale. The lender may appoint a substitute trustee if the original trustee is unable to administer the sale of property at public auction.
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