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Home » Who Can Witness a Signature on a Mortgage Deed?

Who Can Witness a Signature on a Mortgage Deed?

If you are buying a property in the UK, signing a mortgage deed is one of the most important steps in the process. It can feel like just another document to sign, but this one carries serious legal weight. One small mistake – especially around witnessing – can delay your purchase or even make the deed invalid.

Many people assume that any adult can witness a signature. That is not always true. When it comes to mortgage deeds, the law is strict about who can act as a witness and how the signing must take place.

This guide explains everything. You will learn who can witness a signature on a mortgage deed, who cannot, why witnessing matters, and how to avoid common mistakes. Whether you are a first-time buyer or refinancing a property, this will help you get it right the first time.

What Is a Mortgage Deed?

A mortgage deed is a formal legal document. By signing it, you agree to give the lender a legal charge over your property as security for the loan.

In simple terms:

  • You get the money to buy the property
  • The lender gets legal rights over the property until the mortgage is repaid

Because a mortgage deed gives the lender strong legal powers (including the right to repossess if payments are not made), the law requires extra safeguards when it is signed. One of those safeguards is independent witnessing.

Why Does a Mortgage Deed Need a Witness?

A witness is there to confirm three key things:

  1. You signed the document yourself
  2. You signed it willingly, without pressure
  3. The signature is genuine, not forged

This protects everyone involved. It protects you as the borrower, and it protects the lender if the mortgage is ever challenged.

If a mortgage deed is not properly witnessed:

  • The lender may not be able to register it with HM Land Registry
  • Completion of your purchase could be delayed
  • In serious cases, the deed could be unenforceable

That is why witnessing is not just a formality – it is a legal requirement.

The Legal Basis for Witnessing a Mortgage Deed

Mortgage deeds in England and Wales are governed mainly by:

  • The Law of Property Act 1925
  • The Law of Property (Miscellaneous Provisions) Act 1989

Under this law, a mortgage deed signed by an individual must:

  • Be in writing
  • Clearly show it is intended to be a deed
  • Be signed by the borrower
  • Be witnessed by an independent person who is physically present

If any of these elements are missing, the deed may not be valid.

Who Can Witness a Signature on a Mortgage Deed?

There is no official list saying “only these people can be witnesses”. Instead, the law sets out conditions that the witness must meet.

A valid witness must:

Be At Least 18 Years Old

The witness must be a legal adult. Children and minors cannot act as witnesses under UK law.

Be of Sound Mind

The witness must understand what they are doing. Someone who lacks mental capacity should not act as a witness.

Be Physically Present

The witness must actually see you sign the mortgage deed. Watching over video or signing later does not count.

Be Independent

Independence is one of the most important requirements. The witness should:

  • Not be a party to the mortgage
  • Not benefit from the property
  • Not be involved in the transaction

Because of this, lenders and solicitors are very cautious about who is chosen.

Good Examples of Suitable Witnesses

In most cases, you do not need a lawyer or professional witness. Many ordinary people can act as valid witnesses, as long as they are independent.

Common suitable witnesses include:

  • A neighbour
  • A friend who is not involved in the purchase
  • A work colleague
  • An employer (if they have no interest in the property)
  • A solicitor or notary

The key question to ask is: would this person benefit from the property or mortgage in any way? If the answer is no, they are likely to be acceptable.

Who Cannot Witness a Mortgage Deed?

Some people are strongly discouraged, or effectively unsuitable, as witnesses because their independence can be questioned.

Family Members and Partners

While the law does not explicitly ban relatives, using them is risky. Most lenders will reject a deed witnessed by:

  • A spouse or civil partner
  • A parent or child
  • A sibling
  • Someone you live with

This is because family members may be seen as biased.

Anyone Named in the Mortgage

A joint borrower cannot witness the other borrower’s signature. Each signature must be witnessed by someone independent.

Someone with a Financial Interest

This includes:

  • Co-owners of the property
  • Anyone contributing to the purchase price
  • Anyone who will benefit from the mortgage

The Mortgage Adviser

A mortgage adviser should not act as a witness. They are professionally involved in the transaction and may have a conflict of interest.

Can a Friend Witness a Mortgage Deed?

Yes, a friend can be a witness, provided they meet all the requirements.

Your friend must:

  • Be over 18
  • Be independent
  • Have no financial or personal interest in the property
  • Be physically present when you sign

Close friends are usually acceptable, as long as they are not living with you or involved in the purchase.

Can a Solicitor Act as a Witness?

Yes. A solicitor is an excellent choice if you want extra reassurance.

Using a solicitor as a witness:

  • Reduces the risk of mistakes
  • Reassures lenders and the Land Registry
  • Can help if the signing is ever questioned later

Some solicitors may charge a small fee, but for high-value mortgages, many people find this worthwhile.

What Does the Witness Actually Have to Do?

The role of the witness is simple but important.

They must:

  1. Be present when you sign the mortgage deed
  2. Watch you sign it
  3. Sign the deed themselves
  4. Print their full name
  5. Provide their address and occupation

The witness should sign immediately after you, not later.

Can Mortgage Deeds Be Witnessed Online or Remotely?

This is a very common question.

As things stand:

  • Electronic signatures are allowed
  • Remote witnessing is not

The Law Commission has confirmed that while you can sign a deed electronically, the witness must still be physically present when the signature is applied.

Witnessing over Zoom, FaceTime, or video call is not currently valid for mortgage deeds in England and Wales.

Until the law changes, you should always arrange for in-person witnessing.

What Happens If the Witnessing Is Done Incorrectly?

If a mortgage deed is not properly witnessed, it can cause serious problems.

Possible consequences include:

  • HM Land Registry refusing to register the mortgage
  • Delays to completion
  • Lenders asking for the deed to be re-signed
  • Additional legal costs
  • In rare cases, the mortgage being unenforceable

These issues can be stressful and expensive, especially if discovered late in the process.

Practical Tips to Get It Right First Time

To avoid problems, follow these simple steps:

  • Choose a witness early, not at the last minute
  • Make sure they are independent
  • Arrange to sign together in person
  • Check the deed before signing
  • Ensure the witness completes their details clearly
  • Keep copies of the signed document

If anything feels unclear, ask your solicitor before signing.

Key Takeaways

  • A mortgage deed must be witnessed to be legally valid
  • The witness must be over 18, independent, and physically present
  • Friends, neighbours, and colleagues are usually suitable
  • Family members, mortgage advisers, and co-borrowers should not act as witnesses
  • Remote or video witnessing is not accepted for mortgage deeds
  • Getting the witnessing wrong can delay or derail your property transaction

Final Thoughts

When you are dealing with something as important as your home, small details matter. Choosing the right witness for your mortgage deed is one of those details that can make the difference between a smooth completion and unnecessary legal trouble.

If you are ever unsure, the safest option is to ask your solicitor or lender before signing. A few minutes of care now can save you weeks of stress later.