Remortgaging your home can be a positive financial step - whether you are looking to secure a better interest rate, release equity, or consolidate existing debts. However, it is not always as straightforward as it first appears. There are a number of legal issues that can arise during the process, and without the right guidance, these can cause delays, unexpected costs, or even prevent the remortgage from going ahead.

At Howard & Co., we have been supporting clients with property matters since 1976. Our experienced team understands the legal complexities involved in remortgaging and is here to guide you through the process with clarity and confidence.

What Is Remortgaging?

Remortgaging is the process of switching your existing mortgage to a new lender, or negotiating a new deal with your current lender. While it may seem like a purely financial decision, there is a significant legal process involved behind the scenes.

A solicitor is required to ensure that the lender’s interests are protected, carry out necessary checks, and confirm that the property title is legally sound.

Common Legal Issues When Remortgaging

Title Defects or Restrictions

One of the most common issues arises from problems with the legal title of your property. This could include:

• Restrictions on the title that limit how the property can be used
• Missing rights of way or access issues
• Errors or inconsistencies in the Land Registry records

These issues can delay your remortgage or require legal work to resolve before a lender will proceed.

Errors from Previous Legal Work

Unfortunately, mistakes made during a previous purchase or remortgage can come to light when you try to remortgage again. This might include:

• Incorrectly registered ownership details
• Missing documentation
• Unresolved legal obligations or restrictions

When these issues are discovered, they must be corrected before your new lender is willing to release funds.

Leasehold Complications

If your property is leasehold, additional legal considerations apply. These can include:

• Short lease terms
• Ground rent clauses that do not meet lender requirements
• Delays in obtaining information from the freeholder or managing agent

These factors can significantly slow down the remortgaging process.

Outstanding Charges or Debts

Your solicitor will need to ensure that any existing mortgage is properly redeemed. However, other financial issues can also arise, such as:

• Second charges or secured loans on the property
• Unpaid service charges or disputes
• Restrictions linked to financial agreements

All of these must be addressed before completion.

Identity and Fraud Checks

Lenders require strict identity verification to prevent fraud. If there are any inconsistencies in documentation or delays in providing information, this can hold up the process.

How Howard & Co. Can Help

Remortgaging should not be stressful. Our team is experienced in handling all types of property matters, including conveyancing and remortgaging, and we take a proactive approach to identifying and resolving issues early.

We will:

• Carefully review your property title and legal documents
• Liaise with your lender and any third parties
• Resolve any legal issues quickly and efficiently
• Keep you fully informed throughout the process in clear, straightforward language

As a firm authorised and regulated by the Solicitors Regulation Authority (Firm No. 8000040), you can be confident that your matter is in safe hands.

A Recent Client Success Story

We recently assisted a client who had been unable to remortgage due to an error made by a previous solicitor. The issue had been overlooked and dismissed elsewhere, leaving the client unsure where to turn.

Our team took the time to understand the situation, identify the underlying problem, and explain the options clearly. We were then able to resolve the issue and successfully complete the remortgage.

Here is what the client had to say:

“Following the error of a previous solicitor we instructed Nathan to help us rectify the issue to allow us to remortgage our property. I cannot speak more highly regarding the service and level of professionalism we received.

Nathan and the reception team at the Penistone branch helped us work out the issue we were having when no other solicitors I approached had any clue what the issue was or the interest in helping us.

Nathan returned our initial call within 30 minutes to discuss the issue and arrange a consultation for some free legal advice. In this 30 minute consultation he identified our problem and gave us our options going forward in layman’s terms so we could make our own informed choice.

We were kept fully informed both via email and phone calls and knew exactly what was needed from ourselves throughout the entire process.

The service we received was beyond excellent and we will only be using Howard and Co for all things legal going forward.”

Speak to Our Property Solicitors Today

If you are considering remortgaging your home, or have encountered a legal issue that is holding things up, we are here to help.

At Howard & Co. Solicitors, we combine decades of experience with a personable and practical approach, ensuring you feel supported every step of the way.

You can contact our team today:

• Telephone: 01226 215 215
• Email: law@howardandco.co.uk

Or visit one of our offices in Barnsley or Penistone, where our friendly team will be happy to assist you.

Remortgaging does not have to be complicated - with the right legal support, it can be a smooth and straightforward process.