My fiance and I are refinancing our flat in Dudley with Yorkshire BS. We have a son approaching twenty who lives with us. 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, waiving any legal rights in the event that the property is forfeited by the lender. I have a couple of concerns (1) Is this document specific to the Yorkshire BS conveyancing panel as he never had to sign this form when we bought 3 years ago (2) Does our son by signing this extinguish his rights 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 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.
Last month we had a mortgage agreed in principle with Kent Reliance. Dudley conveyancing solicitors have been appointed. What is the average time that one could expect to receive a mortgage offer from Kent Reliance?
There is no definitive answer here. Have Kent Reliance done the valuation? Have you advised Kent Reliance as to your lawyers' details and checked that your lawyers are on the Kent Reliance conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.
We have agreed to purchase a house in Dudley. A rare aspect is that the roof has a solar panel. Solicitors conducting should look into this right? Will my lender Yorkshire BS be concerned?
As your lender is Yorkshire BS your lawyer must follow the formal instructions contained in Part 2 of UK Finance Lenders’ Handbook for Yorkshire BS. The Council of Mortgage Lenders’ Handbook contains minimum specifications for solar panel roof-space leases, and solicitors are required to report to Yorkshire BS where a lease fails to meet these provisions. The conditions relate to the installation of panels on properties nationwide and is not restricted to Dudley.
I am currently in the process of buying my council flat in Dudley. I have a mortgage offer with RBS. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with RBS, you will need to appoint a solicitor on the RBS conveyancing panel.
I used Arc property Solicitors several years ago for my conveyancing in Dudley. Now, I need the files but cannot find the solicitor. What do I do?
Do contact the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Dudley of the conveyancing firm of solicitors you previously used, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I opted to have a survey done on a house in Dudley before instructing solicitors. I have been told that there is a flying freehold overhang to the house. The surveyor has said that some lenders tend not issue a loan on such a house.
It varies from the lender to lender. Bank of Scotland has different requirements for example to Halifax. If you call us we can look into this further with the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Dudley. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Dudley to see if the conveyancing will be more expensive.
I have been pointed in your direction by three or four local selling agents in Dudley to find a conveyancer using your seach tool. Is there a financial advantage for Estate Agents to offer your services over another?
We don’t give any referral fee for directing people our way. We thought it would be too underhand to pay a commission as members of the public would think, ‘Why is the agent getting a kickback? Why am I not getting any benefit too?’ So we decided to step away from that.
Having checked my lease I have discovered that there are only 72 years left on my flat in Dudley. I now wish to get lease extension but my freeholder is missing. What options are available to me?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the magistrate. You will be obliged to prove that you have done all that could be expected to locate the lessor. For most situations a specialist may be useful to conduct investigations and to produce a report which can be used as proof that the freeholder can not be located. It is wise to seek advice from a solicitor in relation to proving the landlord’s absence and the application to the County Court overseeing Dudley.
Dudley Conveyancing for Leasehold Flats - Examples of Queries before Purchasing
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The answer will be important as a) areas may cause problems in the building as the common areas may begin to deteriorate if repairs are not paid for b) if the leasehold owners have an issue with the managing agents you will need to have complete disclosure In the main the cost for major works tend not to be included within maintenance charges, although there some managing agents in Dudley ask leaseholders to contribute towards a sinking fund created for the specific purpose of establishing a fund for major repairs or maintenance.