My partner and I intend to remortgage our flat in Hathern with Clydesdale. We have a son 18 who lives at home. Our solicitor has asked us to disclose 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, giving up any rights in the event that the apartment is forfeited by the lender. I have a couple of concerns (1) Is this form unique to the Clydesdale conveyancing panel as he never had to sign this form when we bought 4 years ago (2) Does our son by signing this extinguish 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 Clydesdale. This is solely used to protect Clydesdale 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 Clydesdale 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 Hathern
There are many recorded licenced Conveyancers in Hathern and Solicitor firms in Hathern who provide Conveyancing services It is important to make clear that both are regulated professionals specialising in the legal work in transferring property. Both can conduct other property legal work such as remortgage conveyancing, enfranchisement and transfer of equity conveyancing.
Is it correct that all Hathern CQS (Conveyancing Quality Scheme) solicitors are on the RBS conveyancing panel?
A selection of banks and building societies now make use of CQS as the starting point for Panel approval such as HSBC and Santander. The Law Society’s CQS membership however is no guarantee to lender panel acceptance. That being said,the CML have indicated that it is likely to become a pre-requisite for solicitors wishing to join their approved list of firms.
After what seems like an age I have had an offer on a maisonette in Hathern accepted, but there is a chain. The vendors have offered on on an apartment, however it’s not yet agreed to, and are looking at other flats booked. I have selected a bricks and mortar conveyancing solicitor in Hathern. What do I do now? At what point should I apply for the mortgage with Co-operative?
It is usual to have anxieties where there is a chain as you are unlikely to want to incur costs prematurely (mortgage application is in the region of one thousand pounds, then valuation, Hathern conveyancing search fees, etc). First, you should check that your property lawyer is on the Co-operative approved list. As to the subsequent steps this very much depends on the uniqueness of your transaction, motivation for the property and on the state of the market. In a rising market the majority of buyers will apply for a home loan with Co-operative and pay for the valuation and only if it was satisfactory would they pay their conveyancing practitioner to proceed with searches.
We are purchasing a property and the conveyancer has mentioned Chancel Repair for which the house may be obligated to contribute to because it falls into the area of such a church. She has recommended insurance. Is this really warranted for conveyancing in Hathern
Unless a previous purchase of the premises took place after 12 October 2013 you can expect solicitors handling conveyancing in Hathern to remain recommending a chancel search and or insurance against a claim.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Hathern. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Here are examples of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Hathern
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Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier?
Am I better off to appoint a Hathern conveyancing practitioner in close proximity to the house I am purchasing? An old friend can deal with the legal formalities however they are based a couple of hundredkilometers away.
The benefit of a high street Hathern conveyancing firm is that you can attend the office to sign documents, deliver your ID and apply pressure on them if necessary. They will also have local insight which is a bonus. That being said it's more important to get someone that will pull out all the stops for you. If you know people who instructed your friend and on the whole were content that must surpass using an unknown Hathern conveyancing solicitor solely due to them being round the corner.
Why is it not possible to complete my conveyancing in Hathern on May bank holiday?
Because on completion the purchase price needs to pass between the banks of the buyer and seller's conveyancer and currently this can only happen on a business day. It is not possible to complete on a weekend either.