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Posts Tagged ‘solicitors’

Has Your Prudential Equity Release Application Expired?

Monday, April 12th, 2010

Prudential equity release schemes were withdrawn on 31st December 2009, however the application period was extended in order for pipeline cases to reach satisfactory completion.

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However, this period was only extended until 31st March 2010 & Prudential invoked strict guidelines as to their final outcome.

Initially it seemed the 3 month extension seemed quite generous as most equity release cases should normally complete within a 6-8 week period.………………………………………………….


However, in certain circumstances delays may be incurred which may not have been apparent from the outset. It is becoming inceasing apparent that clients are now experiencing scenarios resulting in this deadline being missed.

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One example such example is aligned to the fact that a previous charge may have been placed on the property; often many years ago.

As an equity release company will not permit any other charge being present on the property, then this previous charge must be removed.

The solicitor must therefore include this procedure in the legal process & thus could result in considerable delays in finding who originally put on the charge.

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Over the past decade, many financial institutions have changed name, been taken over or even ceased trading. It can therefore prove difficult for the solicitor to trace the original source of the charge & then getting this removed in order for the equity release to complete.

Nevertheless, a solicitor of experience in these matters would seek to obtain proof from the subject lender to prove the charge still exists. If they are unable to do this then the lender must remove the charge from the land charges register & subsequently the equity release can proceed to completion.

However, from experience this period of dialogue between lender & solicitor can take time, cost & has resulted in the Prudential application being cancelled.

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Obviously, this Prudential deadline has now passed & it is become evident that clients have now become stranded & out of pocket given if their application had not completed by 31st March 2010.

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All is not lost.

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Equity Release Supermarket are increasingly assisting customers left stranded & financially out of pocket by the Prudential. Client fees that have been paid already could include valuation fee & solicitor’s fees for work incurred upto the cancellation of the Prudential application.

We are able to take over from where the Prudential left off & with liaison with the solicitor concerned, can take over the case, find an alternative lender & endeavour to complete quickly with the existing information.

In many cases we are able to provide reduced fees in setting up the new application.

This is due to Equity Release Supermarkets ability to obtain free valuations, reduced interest rates & cashback deals that will go considerable distance in alleviating some costs already incurred.

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If you have experience of the Prudential cancelling your equity release application & would like to explore your options with transferring to a new lender, please contact Mark Gregory on

t: 0800 783 9652 or

e: mark@equityreleasesupermarket.co.uk

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Can You Take Out Equity Release With A Power of Attorney?

Sunday, March 21st, 2010

The simple answer to this question is YES.

However, there needs to be an understanding of what type of Power Of Attorney (POA) is in force, when it was taken out & whether the Court of Protection have been involved in registering the document.

Prior to 1st October 2007, an Enduring Power of Attorney (EPA) was the registration document that was put in place to manage the affairs of someone who was lacking in mental capacity. This could be placed in operation prior to any onset of any incapacity with the permission of the party concerned.

Post incapacity, if no EPA was in place it could take months to get the Court of Protection to issue a POA, thus delaying any potential equity release plan.

However, since 1st October 2007 it is no longer possible to create a new Enduring Power of Attorney as EPA’s have since been replaced by Lasting Power of Attorney’s (LPA’s).

Nevertheless, if a valid EPA was already in place it needn’t be revoked & replaced with a new LPA, unless there was a wish to change the appointment of the Attorney.

So what is a Lasting Power of Attorney?

Lasting Powers Of Attorney are legal documents that authorise someone whom you trust to make decisions on your behalf. This includes aspects of your life such as your property and affairs or personal welfare. This would be in place for such time in the future when you may lack the mental capacity to make those decisions yourself. An LPA has to be registered with the Office of the Public Guardian before it can be used.

Two forms of LPA exist; one is a Property and Affairs LPA and the other is a Personal Welfare LPA. The person or persons you appoint to act for you are called your Attorneys. It is paramount that you take extreme care when deciding on the appointment of your Attorney. You need to be confident that your Attorney will act in your best interests and that they will be able, and have the time, to carry out the tasks involved.

Where Does Equity Release Fit In?

As you can see the implications vary as to whether the POA is pre or post 2007 & whether the Court of Protection has been involved.

Starting with pre 2007 POA’s, equity release lenders will accept Enduring Power of Attorneys as long as they have been registered with the Court of Protection. They will need sight of the original document or a certified copy signed in original ink by the solicitor on each page.

Depending on the reasons for the equity release, some lenders may need further evidence of the purposes of the release.

There may be many reasons for capital requirements;

  • Meet expense costs so that one can remain in the home
  • Cover care cost issues at home including nursing & restbite care costs
  • Home adaptations – alterations to the home to improve motability
  • Repay costs incurred by family support

The list of reasons for releasing equity are many, but from experience the aforementioned are the main issues in relation to power of attorneys & equity release.

So How Do Lenders View An Equity Release Application & What Are Their Requirements?

This will depend on the use of the funds as detailed above. If the lender can see the requirements of the equity release are for the direct benefit of the beneficiary then there should be no issue with most lenders.

However, occasionally some lenders may ask for further proof of the use of funds & may therefore ask the POA to obtain written court approval & require evidence of this. Obviously, this can cause further delay & possible additional costs, thus delaying the equity release application.

However from experience, companies such as LV= are not as stringent & as long as the conditions are met regarding POA registration & solicitor verification, then acceptance should be fine.

This will vary from case to case & therefore it would be advisable to contact Equity Release Supermarket who can research individual cases on your behalf & find a suitable lender.

Regarding application, the POA will need to sign the equity release application form & associated documents required by the adviser. The lender will also need to evidence the original or solicitor certified copy of the Power of Attorney document. The remainder of the application stages will follow the normal equity release underwriting process through to completion & release of funds.

It is therefore recommended that older citizens give further thought to what could happen to their finances if they lose their mental capacity.

It now becomes apparent why equity release schemes can play an essential role in funding such issues with care in the home & expenses met by remaining in situ by their own, or children’s wishes.

For any enquiries on Power Of Attorney’s or any issues discussed above, please contact Mark Gregory at Equity Release Supermarket on 0800 783 9652 or email mark@equityreleasesupermarket.co.uk

How To Fund The Purchase Of A New Property With An Equity Release Scheme

Wednesday, January 20th, 2010

The advantages of equity release being used to raise capital from property have been widely advertised. It is commonly known that their uses have been to enhance retirement lifestyles by way of home improvements, holidays, debt consolidation etc.

However, a further function of this increasing popular over 55′s mortgage is its ability to assist with a house purchase.

In essence, an equity release scheme is a mortgage secured on ones property; however unlike a conventional mortgage there are no monthly payments. Instead, the interest charged by the lender is added to the loan & compounded over the term.

Therefore, similarities between equity release & a household mortgage co-exist.

Furthermore this similarity extends to the house buying process.

When funds need to be raised to assist with a house purchase, a conventional mortgage is normally utilised to bridge the shortfall between the purchase price & any deposit already held.

Equity release can also assist a house purchase by using exactly the same principles as a mortgage.

Experience has shown that as people move through their retirement years their health may deteriorate & disability may result. As a consequence, their existing property may become less accessible if stairs or even property location is an unsuitable feature.
Aspirational requirements may dictate that a move to a more ‘up market’ is required.

Many reasons for a move in retirement exist.

Upon review therefore, it may be necessary to look for an alternative property which meets the new objectives of accessibility, which could either be buying a bungalow or even moving nearer to children, who can take more care.
As the purchase price of a bungalow or new house could be more expensive, there may be a cash shortfall to fulfill the transaction.

Equity release can therefore be applied for on the new property to bridge the difference between the equity available from the sale of the existing house & the purchase price of the new house.

At this point, it would be advisable to approach an experienced independent equity release adviser such as Equity Release Supermarket, who can source the most suitable equity release scheme available for house purchases.

The adviser will need to make calculations to ascertain exactly how much capital will be required, as not only is there the equity shortfall, but also whether any additional costs including solicitors fees, stamp duty, removal costs even home improvements may be required to be included in the equity release application?

A recommendation can then be made as to which equity release scheme would offer the best terms for the purchase; be it lowest interest rate, flexibility via drawdown or early repayment charges & taking advantage of any special lender offers that are currently available.

Other factors which need to be considered are whether any existing mortgage needs to be deducted from the sale proceeds, as this will reduce the equity that can be used as a deposit.

Once these calculations & recommendations are made, the application can be submitted to the prospective equity release company.

The application process is exactly the same as a mortgage: -

• Valuation carried out by a independent surveyor appointed by the lender
• Solicitor instructed to commence legal work & enquiries made on behalf of the applicant
• Upon satisfactory valuation, an offer is then made by the lender
• Upon receipt of the offer, the paperwork is drawn up by the solicitor which is signed by the client in due course
• Exchange takes place & completion date set.
• On the day of completion, the solicitor requests funds from the equity release provider & along with the client’s deposit, transfers the proceeds to the vendor’s solicitor to complete the legal process & purchase.
In summary, an equity release plan can be used to actually move up market to a more expensive or suitable property to meet future retirement needs.

This could be for disability reasons, live in close proximity of the children or even aspire to a house of your dreams!

 
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