Remortgaging.

For most homeowners remortgaging their main residence, there are no tax implications — stamp duty land tax (in England) and land transaction tax (in Wales) are not payable on a remortgage where there is no change in ownership. If equity is being released and used to purchase another property, the usual property taxes apply to the new purchase. Where a remortgage involves a transfer of equity — adding or removing a person from the title — stamp duty or land transaction tax may be payable depending on whether any consideration changes hands and the amount of mortgage debt being taken on. If you have any uncertainty about the tax position on your remortgage, your solicitor can advise or refer you to a tax specialist.

Adding or removing a person from a mortgage involves a change in the legal ownership of the property as well as the mortgage — this is a transfer of equity, which is a separate legal process that runs alongside the remortgage. The existing lender must consent to any change in ownership, and a new lender will assess affordability based on the proposed ownership structure. Removing a person — for example, following a separation — requires that person's cooperation and, where the mortgage is being transferred to sole ownership, evidence that the remaining owner can afford the mortgage alone. Stamp duty land tax or land transaction tax may be payable depending on the equity involved and the consideration given.

The legal process of remortgaging is unaffected by your credit history — a solicitor can act on a remortgage regardless of your financial position. Whether a lender will offer you a new mortgage is an entirely separate question determined by the lender's own criteria, not the solicitor. If you are in arrears on your current mortgage, your existing lender's consent may be required, and some lenders will not offer new products to borrowers in arrears. Specialist lenders exist for borrowers with adverse credit histories, and a mortgage broker is better placed than a solicitor to advise on what products are available to you.

Yes — remortgaging to release equity means borrowing more than the amount needed to redeem your existing mortgage, with the surplus released to you on completion. The legal process is essentially the same as a standard remortgage — the solicitor redeems the existing mortgage and registers a new, larger charge. The main legal consideration is that the new mortgage must be affordable and the property must have sufficient equity to support the additional borrowing — the lender will carry out their own valuation. There are no specific tax implications of releasing equity in your main home, though if the funds are used to purchase additional property, stamp duty and capital gains tax considerations may arise on the new purchase.

A straightforward remortgage with a new lender typically takes four to eight weeks from instruction to completion. The main variables are how quickly the new mortgage offer is issued, whether any title issues arise, and how promptly all parties respond. Remortgages are generally faster than purchases because there is no chain, no buyer or seller to coordinate with, and no searches are always required — though some lenders do require searches or search insurance. If your title has complications — such as an unregistered restriction, an outstanding charge, or a leasehold issue — the timeline can extend significantly.

Remortgaging costs depend on whether your new lender offers a free legal service. If they do, the lender covers the cost of the panel solicitor acting for them — you pay nothing for legal fees, though you may still pay a lender arrangement fee. If you instruct your own solicitor — either because the lender requires it or because you choose independent representation — we publish detailed pricing on our conveyancing pricing page. Disbursements on a remortgage are typically lower than on a purchase: there is usually no stamp duty, and search requirements vary by lender. We provide a full itemised estimate before you commit.

The solicitor acting on a remortgage checks that the title to the property is good and marketable — free from defects that would affect the lender's security. This includes reviewing official copies of the register at HM Land Registry, checking for any restrictions or overriding interests, confirming the identity of the borrowers, verifying that any existing charges will be redeemed on completion, and reporting to the lender that the property meets their requirements. Where the lender requires searches — local authority, drainage, and environmental — these are also carried out. The solicitor then registers the new mortgage at HM Land Registry once the remortgage completes, ensuring the lender's charge is properly secured against the title.

In a remortgage, a solicitor acts for your new lender — and, where you instruct one independently, for you as well. Their role includes checking your title, confirming the property meets the lender's requirements, redeeming your existing mortgage, registering the new charge at HM Land Registry, and transferring any surplus funds to you. Whether you need your own solicitor depends on whether your new lender offers a free legal service using their own panel solicitor. If they do, that solicitor acts for the lender only — not for you. For a straightforward product transfer with the same lender, no legal work is usually required at all. A solicitor is always required where there is a change of lender, additional borrowing, or a change in the ownership structure of the property.

Yes — title issues are one of the most common causes of remortgage delays. Common problems include an unreleased charge from a previous mortgage, a restriction that requires a third party's consent before the new mortgage can be registered, missing title documents on unregistered land, a breach of a restrictive covenant, or leasehold complications such as a short lease or missing ground rent receipts. Some issues can be resolved quickly; others — particularly those involving unregistered land or third-party consents — can take considerably longer. Your solicitor will advise on any issues found and what steps are needed to resolve them before the remortgage can proceed.

On completion day, your solicitor receives the funds from your new lender and uses them to redeem your existing mortgage in full. A redemption figure — the exact amount required to pay off the mortgage including any early repayment charges and accrued interest — is obtained from your existing lender in advance. Once redeemed, your existing lender's charge is removed from the title at HM Land Registry and the new lender's charge is registered in its place. If the new mortgage is larger than the existing one, the surplus is transferred to you. Your existing mortgage account is then closed. The whole process happens simultaneously on completion day, so there is no period during which you have two mortgages.

Most lenders offer a free conveyancing service on remortgages, using a solicitor from their approved panel. This solicitor acts for the lender — their job is to ensure the lender's security is properly registered, not to advise you on your interests. For a standard remortgage with no complications, this is usually adequate. Where your circumstances are more complex — for example, if there are title issues, you are releasing equity, changing the ownership structure, or there are any questions about the terms of the new mortgage — having your own independent solicitor to advise you separately is worth considering. The free legal service is not independent advice; it is a service provided in the lender's interest.

A further advance is additional borrowing from your existing lender — added on top of your current mortgage rather than replacing it. Because you are staying with the same lender, the legal work involved is usually minimal — there is no need to redeem the existing mortgage or instruct a new panel solicitor. A remortgage, by contrast, involves moving to a new lender entirely, which requires the existing mortgage to be redeemed and a new charge registered. A further advance may be simpler and cheaper in legal terms, but whether it is the right financial choice depends on the interest rates and terms on offer — a mortgage broker can compare the two options.