My wife and I are refinancing our penthouse in Harwich with Nationwide. We have a son 18 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 apartment is repossessed. I have a couple of concerns (1) Is this document specific to the Nationwide conveyancing panel as he did not need to sign this form when we purchased 5 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 Nationwide. This is solely used to protect Nationwide 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 Nationwide 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.
My wife and I are buying a flat in Harwich. I might seem paranoid but how we can trust a conveyancer? On completion day we will need to deposit funds into their account. What protection do we have from them run away with our money?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
I am due to exchange contracts on my flat. I had a double glazing fitted in December 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Nationwide are being difficult. The Harwich solicitor who is on the Nationwide conveyancing panel is recommending indemnity insurance as a solution but Nationwide are insisting on a building regulation certificate. Why do Nationwide have a conveyancing panel if they don't accept advice from them?
It is probably the case that Nationwide have referred the matter to their valuer. The reason why Nationwide may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
Co-operative have agreed my mortgage in principle, my bid on a house in Harwich has been agreed to, what are the next steps?
Your property agent will want to know who your solicitors are (make sure the property lawyers are on the lender’s approved list). Call up Co-operative or the financial adviser and complete any appropriate documentation. Co-operative will instruct a valuer who will get in touch with the selling agent or owners to book a time for the valuation to happen. Once carried out (assuming no problems) it takes about ten days for the mortgage offer to be issued. Co-operative will send the offer to you and your conveyancers. The transaction will then take it’s course according the nature and complexity of the conveyancing in Harwich.
I have been told that property searches are the main reason for delay in Harwich house deals. Is that correct?
The Council of Property Search Organisations (CoPSO) published conclusions of research by MoveWithUs that conveyancing searches do not feature within the top 10 causes of hindrances in the conveyancing process. Searches are not likely to be the root cause of delay in conveyancing in Harwich.
My husband and I are one month into a residential purchase having been referred to conveyancers by the local agent to handle our conveyancing in Harwich. We are not happy. Could you help me find new conveyancers?
They would need to be very poor in order to consider replacing them. Has your mortgage offer been generated? In the event that it has you must advise them of the new solicitor and have the mortgage documents are re-issued. The solicitor ideally needs to be on the lenders approved list to avoid supplemental charges and frustration. That should be your first question of the new solicitors. Our search tool can help you find a bank approved conveyancer for your conveyancing in Harwich
I am employed by a reputable estate agency in Harwich where we have experienced a number of flat sales derailed due to short leases. I have received contradictory information from local Harwich conveyancing solicitors. Could you confirm whether the vendor of a flat can commence the lease extension formalities for the buyer?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the disposal of the property.
An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
Harwich Leasehold Conveyancing - Sample of Questions you should consider Prior to Purchasing
-
It is important to be aware if changing the roof or some other major work is due shortly that will be shared amongst the tenants and will materially increase the the service charges or necessitate a specific payment. What is the the remaining lease term?
Can a conveyancer remove a person from the title of my home in Harwich ?
Extracting or adding someone to the title of your property 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 lawyer