My fiance and I are refinancing our apartment in Hersham with Lloyds. We have a son 18 who lives at home. Our solicitor requested us to identify anyone over the age of 17 other than ourselves who reside at the property. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the apartment is repossessed. I have a couple of concerns (1) Is this document specific to the Lloyds conveyancing panel as he did not need to sign this form when we remortgaged 4 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 Lloyds. This is solely used to protect Lloyds 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 Lloyds 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.
As someone not used to the Hersham conveyancing process what is your top tip you can give me for the home moving process in Hersham
Not many law firms shout this from the rooftops but conveyancing in Hersham or throughout England and Wales is an adversarial process. In other words, when it comes to conveyancing there is an abundance of opportunity for confrontation between you and other parties involved in the ownership transfer. E.g., the vendor, estate agent and on occasion the mortgage company. Choosing a solicitor for your conveyancing in Hersham should not be taken lightly as your conveyancer is your adviser, and is the ONE party in the legal process whose responsibility is to act in your best interests and to protect you.
On occasion a third party with a vested interest may attempt to convince you that it is in your interests to do things their way. For example, the property agent may claim to be assisting by suggesting your solicitor is wrong. Or your financial adviser may try to convince you to do take action that is contrary to your solicitors guidance. You should always trust your lawyer above all other parties in the conveyancing process.
is it true that all Hersham solicitors on the Co-operative conveyancing panel are overseen by the SRA?
As a firm of solicitors, in order to be on the Co-operative conveyancing panel they would need to be governed by the Solicitors Regulatory Authority. Some lenders do allow licenced conveyancers on their panel in which case such practice would be overseen by the CLC.
We expect to receive a AIP from Nationwide this week so we can work out what to offer on a property we like as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Nationwide recommend any Hersham solicitors on the Nationwide conveyancing panel, or is it better to go independently?
You will need to appoint Hersham solicitors independently although you'll need to choose one on the Nationwide conveyancing panel. The solicitor represents both you and Nationwide through the process.
Our sealed bid on a detached house in Hersham has been accepted, the vendors do however have a dependent purchase. The sellers have put an offer on a flat, but it’s not yet tied up, and have viewings of other properties in the pipeline. I have chosen a nearby conveyancing solicitor in Hersham. What do I do now? When should I get the mortgage application with RBS going?
It is usual to have apprehensions where there is a chain as you are unlikely to want to incur expenses too early (mortgage application is approx £1k, then survey, Hersham conveyancing search fees, etc). The first thing to do is check that your conveyancing practitioner is on the RBS conveyancing panel. As to the subsequent stages this very much dictated by the specifics of your case, motivation for this property and on the state of the market. During a buoyant market the majority of purchasers would apply for the mortgage with RBS and arrange for the valuation and only if it was satisfactory would they request their conveyancer to press on with the conveyancing in Hersham.
What can a local search reveal regarding the property I am purchasing in Hersham?
Hersham conveyancing often starts with the ordering local authority searches directly from your local Authority or via a personal search company such as Xpress Legal The local search is essential in every Hersham conveyancing purchase; that is if you wish to avoid any nasty surprises after you move into your new home. The search should reveal data on, amongst other things, details on planning applications applicable to the premises (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of 13 subject areas.
I used Action Conveyancing a few years past for my conveyancing in Hersham. Now, I need the documents however cannot find the solicitor. 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 Hersham of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I am contemplating using a web based property lawyer rather than a Hersham conveyancing firm. Any advice?
There are advantages of being able to visit a local Hersham conveyancing solicitor such as
- signing documents on short notice
- getting one on one explanations of things that you need help with
- the ability to raise concerns if matters go pear-shaped
When comparing fees, look out for hidden extras. Most decent Hersham high street solicitors give an all-inclusive price. Often online companies seem to offer discounted prices, yet have burried 'extras' in the fine print.