My fiance and I changing mortgage lender for our penthouse in Ashington with Clydesdale. We have a son 19 who lives with us. Our solicitor requested us to identify any adults other than ourselves who reside at the property. The solicitor has now sent a form for our son to sign, giving up any rights in the event that the apartment is repossessed. I have a couple of concerns (1) Is this form unique to the Clydesdale conveyancing panel as he did not need to sign this form when we purchased 3 years ago (2) Does our son by signing this extinguish his entitlement to inherit the property?
First, rest assured that your Clydesdale conveyancing panel solicitor is doing the right thing as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Clydesdale. This is solely used to protect Clydesdale if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Clydesdale had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
It is a dozen years since I acquired my home in Ashington. Conveyancing lawyers have just been retained on the sale but I can't find the title documents. Is this a major issue?
You need not be too concerned. Firstly the deeds may be with your lender or they could still be with the solicitor who acted in your purchase. Secondly the chances are that the land will be recorded at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers procuring current official copies of the land registers. Most conveyancing in Ashington involves registered property but in the unlikely event that your home is unregistered it is more of a problem but is not insurmountable.
When it comes to mortgage companies such as Lloyds, do Ashington lawyers incur a fee to be on the list of approved solicitors?
We are not aware of any bank fees to be on their list of approved firms, although some do charge an administration charge to deal with the processing of the conveyancing panel application.
I have decided to exercise my right to buy my property in Ashington off the council. I have a mortgage offer with Lloyds. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Lloyds, you will need to appoint a solicitor on the Lloyds conveyancing panel.
After weeks of negotiation I have agreed a price on a house in Ashington. My mortgage broker suggested a property lawyer. I paid an advanced payment of £150. Shortly after, the conveyancer called me to say that they were not on the Coventry BS conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Coventry BS panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
How do I use your search tool to choose a conveyancing lawyer in Ashington on the authorised to act for my lender?
Step one is to choose a bank such as Lloyds TSB Bank, Barnsley Building Society or Aldermore then choose your location such as Ashington. Conveyancing firms in Ashington and nationally will then be shown.
I am looking for a conveyancing solicitor in Ashington for my remortgage. Is it possible to review a solicitor's record with the legal regulator?
You may review presented Solicitor Regulator Association (SRA) determinations stemming from investigations from 2008 onwards. Go to Check a solicitor's record. For details about the period before 1 January 2008, or to check a firm's record, telephone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For callers outside the UK, dial +44 (0)121 329 6800. The SRA sometimes recorded telephone calls for training purposes.
At long last our conveyancing in Ashington is completing next Friday, yet the couple I am purchasing from wants to vacate 24 hours later at midday. Should I agree to this?
Where you need a mortgage then your solicitor will insist that the property isvacant on Friday - the bank will compel it.