My partner and I changing mortgage lender for our maisonette in Kensal Rise with Virgin Money. 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 property is repossessed. I have a couple of questions (1) Is this document specific to the Virgin Money conveyancing panel as he never had to sign this form when we remortgaged 5 years ago (2) Does our son by signing this giving up his rights 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 Virgin Money. This is solely used to protect Virgin Money 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 Virgin Money 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.
Having sold my house in Kensal Rise last February but my buyer keeps Skype messaging daily to say his conveyancer needs to hear from mylawyer. What are the post completion sale legalities following completion?
After completion of your house sale your solicitor should forward the transfer documentation and all supplemental paperwork to the purchaser's solicitors. If applicable, your lawyer should also send confirmation that the mortgage has been discharged to the buyers conveyancers. There are no post completion steps unique to conveyancing in Kensal Rise.
My Conveyancer in Kensal Rise is not on the Birmingham Midshires Conveyancing Panel. Is it possible for me to use my family solicitor even though they are excluded from the Birmingham Midshires approved list?
The limited options available to you here include:
- Carry on with your existing Kensal Rise solicitors but Birmingham Midshires will need to instruct a solicitor on their list of acceptable firms. This will result in additional total conveyancing charges and cause delays.
- Get an alternative lawyer to act in the conveyancing, obviously checking they are on the Birmingham Midshires panel
I've recently found out that there is a flying freehold issue on a property I put an offer in a fortnight ago in what should have been a simple, no chain conveyancing. Kensal Rise is the location of the property. Is there any advice you can give?
Flying freeholds in Kensal Rise are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Kensal Rise you must be sure that your lawyer goes through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Kensal Rise may decide 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 residence.
My husband and I are 14 days into a leasehold purchase having been directed to conveyancers by the selling agent to perform conveyancing in Kensal Rise. I am am very dissatisfied with the quality of service. Could you you assist me in finding new lawyers?
They would need to be really bad to suggest replacing them. Has the mortgage offer been issued? If so you need to advise them of the new contact details and ensure the offer are issued to the new lawyers. Your new solicitor ideally should be on the lenders panel to avoid added charges and delays. That should be your first question of the new solicitors. Our search tool will help you find a lender approved lawyer for your conveyancing in Kensal Rise
My parents are unable to locate their Kensal Rise property on the HM Land Registry online search facility. They have a vague recollection back in the 70’s when they purchased the bungalow there were complications with the address not being identified on some systems.
Almost all properties in Kensal Rise should be revealed. Have you attempted a search to simply the postcode. Ordinarily it will identify all the residences inside that postcode. Assuming the property is registered it will show up with a title number. Where they bought back in the 60’s it's conceivable it may be not yet registered. The property may still be revealed but with the title number shown 'na'. In this scenario you will need to find the original title deeds which might be with your parent’s mortgage company.