Unexpected Mortgages and a Tight Deadline: How Coutts Saved a Property Settlement

When a Simple Title Change Becomes a Race Against Time: How Coutts Stepped In

What starts out simple in property law can often become complex — fast. That’s exactly what happened when a client came to us with what seemed like a straightforward request: remove her late husband’s name from the title of their family home.

The Client’s Goal

Our client, a devoted mother, was stepping up to support her daughter as guarantor for her first home purchase. Her plan was simple: clean up the title by removing her late husband’s name, then allow the bank to register a mortgage over the property. She believed the property was unencumbered — meaning this would be a smooth process.

But in property law, assumptions can sometimes lead to surprises.

The Unexpected Complication

During our routine checks, we uncovered something that changed everything: two existing mortgages were still registered on the title.

This discovery meant we couldn’t proceed with just a Notice of Death (the usual step to remove a deceased person’s name). Instead, the title needed to be fully cleared before any changes could be made — a process far more complex than our client had anticipated.

To make matters worse, time was not on our side. Her daughter’s property settlement was fast approaching, and any delays could have devastating consequences:

• Penalty interest charges from the bank.

• Losing the deposit on her daughter’s dream home.

The stakes were high, and our client needed us to act quickly.

How We Resolved It

Knowing the urgency, our conveyancing team immediately pivoted. We worked closely with our client to:

• Liaise with relevant parties to arrange the discharge of the unexpected mortgages.

• Prepare the necessary documentation to clear the title.

• Expedite the process so we could then remove her late husband’s name from the property.

Once the title was clear, we moved quickly to finalise the changes, enabling the bank to register its mortgage in time for the daughter’s settlement.

The Outcome

Thanks to our swift action and strategic handling, the settlement proceeded as planned, avoiding financial penalties and significant stress for both mother and daughter.

This outcome is a testament to the importance of having an experienced, proactive conveyancing team that can anticipate challenges, resolve them under pressure, and protect your interests when time is critical.

Need Help With a Property Matter?

At Coutts, we handle more than just the paperwork. We provide practical, proactive solutions — whether you’re buying, selling, or resolving unexpected title issues.

Book an appointment today