My fiance and I are refinancing our flat in Epping with Skipton. We have a son 19 who lives at home. Our solicitor requested us to identify 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 flat is forfeited by the lender. I have a couple of questions (1) Is this document specific to the Skipton 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?
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 Skipton. This is solely used to protect Skipton 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 Skipton 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.
Do lawyers request an advanced payment when it comes to conveyancing in Epping?
If you are buying a property in Epping your solicitor will ask you to provide them with funds to cover the the cost of the conveyancing searches. This will be the total of the cost of the conveyancing searches. If any deposit is as part of the sale price then this will be required shortly prior to exchange of contracts. The final balance that is needed should be sent to your lawyer shortly before completion.
I am thinking of refinancing my flat in Epping, does my lawyer have to be on the Co-operative Conveyancing panel?
In theory, you could use a solicitor that is not on the Co-operative conveyancing panel, but Co-operative would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same conveyancing matter.
Will our lawyer be raising enquiries regarding flooding during the conveyancing in Epping.
The risk of flooding is if increasing concern for solicitors specialising in conveyancing in Epping. Plenty of people will buy a house in Epping, completely expectant that at some time, it may be flooded. However, aside from the physical damage, where a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or dispose of the premises. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Conveyancers are not qualified to give advice on flood risk, but there are a various checks that may be initiated by the purchaser or by their solicitors which should give them a better understanding of the risks in Epping. The conventional set of information sent to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual question of the seller to determine if the premises has ever been flooded. If flooding has previously occurred and is not revealed by the seller, then a purchaser may commence a claim for damages as a result of such an incorrect response. A purchaser’s solicitors may also order an enviro report. This will reveal whether there is a recorded flood risk. If so, further inquiries will need to be conducted.
I used Arc property Solicitors several years ago for my conveyancing in Epping. I now require my file however the law firm is no longer operating. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to assist in tracing 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 Epping 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'm converting the mortgage on my current house to a buy to let mortgage with Godiva Mortgages Ltd and I will use the ballance of the raised equity towards another house. The area we are interested in is Epping. Will your solicitors be able to act for both sets of lenders and tie in the two deals?
Make use of our search tool on this site to ensure that the solicitors are on the appropriate lender panels. Having checked that they are your solicitor will be able to tie up the two deals but you should have a chat with you conveyancer and make apparent your desired outcome and needs.