My husband and I changing mortgage lender for our penthouse in Broughton with Clydesdale. 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 lives in the flat. Our lawyer has now e-mailed a document for our son to sign, waiving any legal rights in the event that the apartment is repossessed. I have a couple of concerns (1) Is this document specific to the Clydesdale conveyancing panel as he did not need to sign this form when we bought 5 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.
I'm in the throws of viewing houses in Broughton and I am about to put in an offer. Is it wise to have my property lawyer on ‘stand by’? I intend to finance via a mortgage with Nationwide.
It would be prudent to commence your search sooner rather than later. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and forward their details on to the selling agent. Given that you are seeking a mortgage with Nationwide, ask your prospective lawyers if they are on the Nationwide conveyancing panel otherwise they can't do the mortgage legal work.
The mortgage over my property is with Nationwide for my property in Broughton. Conveyancing has been completed some time ago. In the event that I decide to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Nationwide?
Your original mortgage agreement with Nationwide will provide that you need their approval before letting out your property as this is likely to be a breach of Nationwide’s mortgage conditions. In many cases banks or building societies will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Nationwide directly. You need not do this via a Nationwide conveyancing panel solicitor.
Completion of my remortgage has taken place for my property in Broughton. Conveyancing was satisfactory but I feel I should register my dissatisfaction about the lender. Who do I contact should I wish to lodge a complaint?
Most lenders have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Care Department at head office. Ordinarily complaints to a lender are sorted out very quickly. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR with full details of your complaint.
Have completed on a a semi-detached house in Broughton , how long should it take for the Land Registry to deal with the formalities evidencing the transfer to my name? My Broughton conveyancing solicitor has been painfully slow, so I want to be sure that my name is registered.
As far as conveyancing in Broughton registration is no faster or slower than the rest of the country. As opposed to being determined by geographic area, timeframes can differ subject to the party submitting the application, whether there are errors and if the Land registry need to notify any interested parties. At present roughly 80% of such applications are fully addressed within 12 days but occasionally there can be protracted hold-ups. Historically registration occurs after the purchaser has moved in to the premises therefore 'speed' is not always top priority but where there is a degree of urgency associated with the registration then you or your conveyancer could communicate with the Registry to express the reasoning for the application to be prioritised.
How does conveyancing in Broughton differ for newly converted properties?
Most buyers of new build residence in Broughton contact us having been asked by the housebuilder to exchange contracts and commit to the purchase even before the residence is ready to move into. This is because developers in Broughton usually acquire the land, 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 conveyancers 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 accustomed to new build conveyancing in Broughton or who has acted in the same development.
I have been sourcing a conveyancing solicitor in Broughton for my purchase. Can I see a firm’s record with the profession’s regulator?
Anyone can review documented Solicitor Regulator Association (SRA) determinations arising from investigations commenced on or after Jan 2008. Go to Check a solicitor's record. For details Pre 2008, or to check a firm's record, call 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. International callers, use +44 (0)121 329 6800. The SRA could recorded telephone calls for training requirements.
All being well we will complete our sale of a £325,000 flat in Broughton next week. The landlords agents has quoted £372 for Landlord’s certificate, building insurance schedule and 3 years service charge statements. Is the landlord entitled to charge such fees for a leasehold conveyance in Broughton?
For the majority of leasehold sales in Broughton conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :
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Completing pre-contract questions
Where consent is required before sale in Broughton
Supplying insurance information
Deeds of covenant upon sale
Registering of the assignment of the change of lessee after a sale
Broughton Leasehold Conveyancing - A selection of Queries before Purchasing
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It is important to be aware if window replacement or some other significant cost is due shortly to be shared between the tenants and will dramatically increase the the service fees or necessitate a specific payment. What is the the remaining lease term?