My husband and I are refinancing our flat in Caterham with UBS. We have a son approaching twenty who lives at home. Our solicitor requested us to identify anyone over the age of 17 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 forfeited by the lender. I have two questions (1) Is this document specific to the UBS conveyancing panel as he did not need to sign this form when we bought 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 UBS. This is solely used to protect UBS 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 UBS 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.
Having sold my house in Caterham last August yet the purchaser is texting me to moan that his solicitor is waiting to hear from mine. What are the post completion sale formalities now that I have sold?
Following your house sale your solicitor should deliver the transfer deeds and all additional paperwork to the purchaser's conveyancer. Where relevant, your conveyancer should also evidence that the legal charge in favour of the lender has been redeemed to the purchasers conveyancers. There is unlikely to be post completion procedures just for conveyancing in Caterham.
My Conveyancer in Caterham is not listed on the Yorkshire Building Society Solicitor Panel. Is it possible for me to continue with my family solicitor notwithstanding that they are excluded from the Yorkshire Building Society panel?
The limited options available to you here include:
- Carry on with your preferred Caterham lawyers but Yorkshire Building Society will need to retain a lawyer on their list of acceptable firms. This will inevitably rack up the total legal charges and result in frustration.
- Get a new lawyer to act in the conveyancing, not forgetting to check they are Convince your solicitor to use their best endeavours to join the Yorkshire Building Society conveyancing panel
The estate agent has sent us the confirmation of our purchase of a new build apartment in Caterham. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Set out below are examples of a selection of leasehold new build questions that you can expect your new-build leasehold conveyancing in Caterham
-
There must be mutual enforceability of lessee’s covenants. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease.
What tools are available to locate a Caterham solicitor on the The Mortgage Works conveyancing panel? I have wheels and am willing to travel upto 10kilometers to meet the lawyer.
You can use the tool on this page. Please select a lender and your location and you will see a number of Caterham conveyancing lawyers located nearest you. We have detailed some Caterham conveyancing firms at the bottom of this page and you can contact them to check whether they are on the The Mortgage Works panel
Is it true that a Caterham conveyancing company got sued by clients for failing to conduct the appropriate conveyancing investigations?
We are not aware of such a Caterham conveyancing claim but according to a recent report, a couple buying a property elsewhere in England successfully sued their conveyancing practitioner due to development permission to build a wind farm not being picked up in conveyancing searches.
If you are purchasing in Caterham It is essential that your property lawyer conduct all Caterham conveyancing searches needed making sure that you have accurate and current information before purchasing a property.