My wife and I swapping mortgage lender for our maisonette in Gaydon with HSBC. We have a son 19 who lives with us. Our solicitor has asked us to disclose any adults other than ourselves who lives in the flat. Our lawyer has now e-mailed a document for our son to sign, giving up any 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 HSBC conveyancing panel as he did not need to sign this form when we purchased 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.
Should lawyers ask for an advanced payment for my conveyancing in Gaydon?
Where you are retaining lawyers for conveyancing in Gaydon your lawyer will ask you put them with monies to cover the the cost of the conveyancing searches. Generally this is called for to cover the fees of the Local Authority Search. If any deposit is payable against the sale price then this should be required shortly ahead of exchange of contracts. The final balance that is due will be payable a few days prior to the completion date.
We are intent on selling our house in Gaydon and according to the buyers it appears that there is a possibility that the property was built on contaminated land. A high street Gaydon lawyer would know that there is no such problem. It does beg the question why the buyers used an online conveyancing practice as opposed to a conveyancing solicitor in Gaydon. We have lived in Gaydon for 4 years we know of no issue. Should we get in touch with our local Authority to seek confirmation that the buyers are looking for.
It would appear that you have a conveyancing firm already. Are they able to advise? You should enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same sickness)
Yesterday I discovered that there is a flying freehold element on a house I have offered on two weeks back in what should have been a quick, chain free conveyancing. Gaydon is where the house is located. Is there any advice you can give?
Flying freeholds in Gaydon are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Gaydon you must be sure that your lawyer goes through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Gaydon may determine 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.
Given that I will soon spend £400,000 on 3 bedroom house in Gaydon I would like to have a conversation with the conveyancer concerning thehome move in advance of instructing the firm. Is this something that you can arrange?
Absolutely - we would be delighted to talk to you we do not take any clients on without you speaking to the conveyancer due to be conducting your conveyancing in Gaydon.There is no ‘factory style conveyancing’ - every client is an important individual, not a matter reference. The solicitors that we put you in touch with believe that the figure you are calculated and presented to you for your conveyancing in Gaydon should be the figure that you end up paying.
If instructed can a conveyancer remove someone from the title of my home in Gaydon ?
Subtracting or adding someone to the title of your house is relatively straightforward. You’ll need to appoint a solicitor to discuss your legal rights before you can proceed with a transfer of property. Contact us to book a free consultation with one a property lawyer