I am getting a mortgage offer from Nat West. I hope to use a Licensed Conveyancer in Boston. Does the Nat West Solicitor panel allow for Licensed Conveyancers?
The Nat West conveyancing panel is, like many other lenders, associated to the Council or Mortgage Lenders or Building Society Association, open to Licensed Conveyancers regulated by the CLC.
My fiance and I changing mortgage lender for our apartment in Boston with Aldermore. We have a son 19 who lives with us. Our solicitor has asked us to disclose anyone over the age of 17 other than ourselves who reside at the property. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the flat is forfeited by the lender. I have a couple of questions (1) Is this form unique to the Aldermore conveyancing panel as he did not need to sign this form when we remortgaged 5 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
First, rest assured that your Aldermore 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 Aldermore. This is solely used to protect Aldermore 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 Aldermore 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 10 years ago since I bought my home in Boston. Conveyancing solicitors have recently been appointed on the sale but I can't track down my deeds. Is this a problem?
Don’t worry too much. Firstly there is a chance that the deeds will be kept by the lender or they could be in the possession of the lawyers who handled the purchase. Secondly in most cases the title will be registered at the land registry and you will be able to establish that you own the property by your conveyancing solicitors procuring current official copies of the land registers. Nearly all conveyancing in Boston involves registered property but in the unlikely event that your property is not registered it is more tricky but is resolvable.
Do I select a Licenced Conveyancer or Solicitor for conveyancing in Boston?
There are two types of lawyers who can do conveyancing in Boston namely licenced conveyancers or solicitors. Both professionals administer the legal services that required to complete the disposal or purchase of property. Both are obliged to handle Boston conveyancing on similar quality and guidelines so you can be safe in the knowledge that your conveyancing will be professionally administered and that the requirements and steps will be suitably adhered to.
Have just purchased a probate house at auction in Boston. Conveyancing is needed. What happens now?
Now that you have for all intents and purposes signed on the dotted line you now have to instruct a conveyancing solicitor quickly as you now have a pending a drop dead date to complete the conveyancing. All auction property should have a bespoke auction pack. This should include the copy title deeds, local authority and drainage searches. Where you are dealing with leasehold premises the auction pack may provide a copy of the lease, management information and a sellers leasehold information form and other conveyancing documentation relating to a leasehold property. You should hand this to the conveyancer instructed by you ASAP. You also need to ensure that that you have the requisite funding in order to complete on the on the contractual date .
We were going to get a OIP from Clydesdale this week so we can work out what to offer on a property we like as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Clydesdale recommend any Boston solicitors on the Clydesdale conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Boston solicitors independently although you'll need to choose one on the Clydesdale conveyancing panel. The solicitor represents both you and Clydesdale through the process.
How does conveyancing in Boston differ for new build properties?
Most buyers of new build residence in Boston contact us having been asked by the housebuilder to sign contracts and commit to the purchase even before the house is ready to move into. This is because builders in Boston usually acquire the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Boston or who has acted in the same development.
Yesterday I discovered that there is a flying freehold issue on a house I have offered on a fortnight ago in what was supposed to be a simple, no chain conveyancing. Boston is the location of the property. Can you offer any opinion?
Flying freeholds in Boston are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Boston you must be sure that your lawyer goes through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Boston may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.