My wife and I are refinancing our flat in Kenilworth with Santander. We have a son 19 who lives at home. 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, giving up any rights in the event that the apartment is forfeited by the lender. I have a couple of questions (1) Is this form unique to the Santander conveyancing panel as he never had to sign this form when we remortgaged 3 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
First, rest assured that your Santander conveyancing panel solicitor is doing the right thing 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 Santander. This is solely used to protect Santander 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 Santander 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.
I am buying a terraced house in Kenilworth. How practical is it for me to do the conveyancing?
Leaving aside the complexities and merits of DIY conveyancing in Kenilworth you will have to appoint a solicitor on your bank's conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to be made in you doing conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on your lender panel in Kenilworth.
We are purchasing a flat in Kenilworth. I might seem paranoid but how we can trust a solicitor? At some point we have to send money into their account. What is the protection 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.
We previously chose conveyancers with offices in Kenilworth on the Clydesdale solicitor panel. They have just billed me a further charge for handling the Clydesdale mortgage. Is this a supplemental conveyancing fee specified by Clydesdale?
Unfortunately, so long as it is in their Terms and Conditions or Quote then yes your solicitor is entitled to levy a fee for this. The charge is not dictated by Clydesdale but by your Kenilworth property lawyer. Plenty of firms on the Clydesdale panel will quote an ‘acting for lender’ fee and others do not.
Having read lots of house buying guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Kenilworth solicitor - who is on the Coventry BS conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Coventry BS will need an independent valuation of the property. Your lawyer will not arrange this. Usually Coventry BS will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Kenilworth surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
Despite weeks of looking the Title Certificate and documents to our house can not be found. The lawyers who did the conveyancing in Kenilworth 10 years ago are no longer around. Will I be able to sell the house?
Gone are the days when you need to hold title original deeds to evidence that you own the land or premises, as the Land Registry hold details of all registered land or property electronically.
Due to the guidance of my in-laws I had a survey completed on a house in Kenilworth before retaining solicitors. I have been informed that there is a flying freehold element to the house. The surveyor advised that some mortgage companies may refuse to give a mortgage on this type of house.
It varies from the lender to lender. HSBC has different requirements from Birmingham Midshires. If you contact us we can investigate further via the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Kenilworth. Conveyancing may be slightly more expensive based on your lender's requirements.
I'm converting the mortgage on my current home to a buy to let mortgage with Clydesdale and intend to use the remaining equity as a deposit on a second property. The neighborhood we are interested in is Kenilworth. Will your lawyers be able to act for the two banks and link together the two deals?
Make use of our comparison tool on this page to be sure that the conveyancers are approved by both lenders. Assuming that they are the solicitor should be able to simultaneously deal with the two transactions but you should have a chat with you solicitor and communicate your expectations and needs.