My wife and I intend to remortgage our flat in Cann Hall with HSBC. We have a son 19 who lives with us. Our solicitor has asked us to disclose 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 two questions (1) Is this document specific to the HSBC conveyancing panel as he never had to sign this form when we remortgaged 3 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
On the face of it your lawyer has done nothing wrong 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 HSBC. This is solely used to protect HSBC 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 HSBC 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.
My Conveyancer in Cann Hall is not on the Accord Mortgages Ltd Approved Panel. Is it possible for me to retain my prefered solicitor notwithstanding that they are excluded from the Accord Mortgages Ltd list of approved lawyers?
The limited options available to you here include:
- Complete the purchase with your existing Cann Hall lawyers but Accord Mortgages Ltd will need to use a solicitor on their list of acceptable firms. This will result in additional overall legal charges and cause frustration.
- Find a new lawyer to act in the purchase, remembering to check they are Convince your conveyancer to use their best endeavours to join the Accord Mortgages Ltd conveyancing panel
I am helping my niece sell her house in Cann Hall. Will the conveyancing solicitor order the energy performance certificate or do I organise this?
After the abolition of Home Packs, energy assessments became a mandatory component of moving house. An energy performance certificate must be commissioned in advance of the property being advertised. It is not as aspect of the sale process that conveyancers normally arrange. Where you are using a Cann Hall conveyancing lawyer they might be willing to arrange energy performance certificates due to their contacts with reputable Cann Hall assessors
Have just purchased a repossessed house at auction in Cann Hall. Conveyancing is required. What are my next steps?
Given that you are now exchanged you now have to appoint a conveyancing solicitor quickly as you will have a fast approaching a fixed date to complete the purchase. All auction property will have a corresponding legal set of papers. This should include most,if not all of the documents that your conveyancer will need. Where you are dealing with leasehold premises the conveyancing papers may provide a copy of the lease, management information and a sellers leasehold information form and other conveyancing paperwork pertinent to leasehold premises. You need to give this to the solicitor working for you ASAP. You also need to ensure that that you have the requisite funding organised to complete on the on the contractual date .
The formalities of my purchase has taken place for my property in Cann Hall. Conveyancing was of an acceptable standard but I feel I should register my dissatisfaction about the lender. How does one go about formally complaining?
Most lenders have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Services Team at head office. In most cases complaints to a lender are resolved very quickly. If you feel the matter is not resolved you can write to Financial Ombudsman Service who will take matters further.
What does a local search tell me about the property we're purchasing in Cann Hall?
Cann Hall conveyancing often commences with the ordering local authority searches directly from your local Authority or through a personal search company such as Xpress Legal The local search is essential in every Cann Hall conveyancing purchase; as long as you don’t want any nasty surprises after you move into your property. The search should reveal data on, amongst other things, details on planning applications relevant to the premises (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen subject sections.
Yesterday I discovered that there is a flying freehold issue on a property I put an offer in last month in what was supposed to be a straight forward, chain free conveyancing. Cann Hall is the location of the property. What do you suggest?
Flying freeholds in Cann Hall are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Cann Hall you would need to get your solicitor to go 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 Cann Hall may ascertain 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 premises.
Do I have to attend the offices of the lender conveyancing panel solicitor to sign the legal charge? If so, I will choose one who does conveyancing in Cann Hall as it will be easier to pop in to their offices when needed.
Most conveyancing panel lawyers for the bank undertake conveyancing via the post, internet or over the phone. This means that they can undertake your Conveyancing Transaction no matter where you live in England or Wales. YOu dont have to use a conveyancing solicitor in Cann Hall. it would nevertheless be wise to check if you can still book an appointment to go into appointed conveyancing lawyer if you prefer.