My wife and I swapping mortgage lender for our apartment in Derbyshire with Yorkshire BS. We have a son 19 who lives at home. Our solicitor requested us to identify anyone over the age of 17 other than ourselves who lives in the flat. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the property is repossessed. I have two questions (1) Is this document specific to the Yorkshire BS conveyancing panel as he did not need to sign this form when we remortgaged 4 years ago (2) Does our son by signing this giving up his entitlement to inherit the property?
First, rest assured that your Yorkshire BS 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 Yorkshire BS. This is solely used to protect Yorkshire BS 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 Yorkshire BS 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.
What is the difference between a licensed conveyancer and conveyancing solicitor in Derbyshire
Two types of professional can execute conveyancing in Derbyshire namely licenced conveyancers or solicitors. The two can administer the legal services that you need to complete the sale or acquisition of property. Both are required to perform Derbyshire conveyancing to the same quality and guidelines so you may be sure that your conveyancing will be properly carried out and that the necessary procedures will be suitably adhered to.
The formalities of my remortgage has taken place for my property in Derbyshire. Conveyancing was of an acceptable standard but I would like to complain about the lender. How does one go about formally complaining?
Almost all banks and building societies have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Care Team at head office. In most cases 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 who will take matters further.
Planning on purchasing a house in Derbyshire. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Lender if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Leeds Building Society conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Derbyshire lawyer is on the Leeds Building Society conveyancing panel.
Will my conveyancer be asking questions concerning flooding as part of the conveyancing in Derbyshire.
The risk of flooding is if increasing concern for solicitors dealing with homes in Derbyshire. There are those who purchase a property in Derbyshire, completely expectant that at some time, it may be flooded. However, aside from the physical damage, if a house is at risk of flooding, it may be difficult to get a mortgage, satisfactory insurance cover, or sell the property. There are steps that can be taken during the course of a house purchase to forewarn the purchaser.
Lawyers are not best placed to impart advice on flood risk, however there are a number of searches that can be undertaken by the purchaser or by their solicitors which should give them a better understanding of the risks in Derbyshire. The conventional set of completed inquiry forms sent to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) contains a standard question of the seller to determine whether the property has ever been flooded. In the event that flooding has previously occurred which is not notified by the seller, then a purchaser could bring a compensation claim as a result of such an misleading reply. A buyer’s lawyers should also order an enviro search. This should indicate if there is any known flood risk. If so, more detailed inquiries should be conducted.
I have recentlybeen informed that Wolstenholmes have been shut down. They carried out my conveyancing in Derbyshire for a purchase of a leasehold apartment 12 months ago. How can I check that my home is registered correctly in the name of the previous owner?
The quickest way to see if the property is registered to you, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Derbyshire conveyancing specialists.
How can the Landlord & Tenant Act 1954 affect my business property in Derbyshire and how can your lawyers assist?
The particular law that you refer to affords protection to commercial tenants, granting the legal entitlement to make a request to court for a continuation of occupancy at the end of the lease term. There are certain specified grounds that a landlord can refrain from granting a lease renewal and the rules are complicated. We are happy to direct you to commercial conveyancing firms who use the act for protection and handle your commercial conveyancing in Derbyshire
Do online conveyancing companies cover everything a high street Derbyshire solicitor does or must I retain a solicitor for the final stages for my conveyancing in Derbyshire?
If you use an online conveyancer they will cover all the tasks your Derbyshire conveyancer would cover.