My fiance and I changing mortgage lender for our penthouse in Keyworth with Aldermore. We have a son approaching twenty who lives at home. Our solicitor has asked us to disclose 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 forfeited by the lender. I have a couple of concerns (1) Is this document specific to the Aldermore conveyancing panel as he did not need to sign this form when we remortgaged 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 Aldermore. This is solely used to protect Aldermore 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 Aldermore 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 flat in Keyworth is up for sale and I have a purchaser. Will my lawyer have to be required to be on the Yorkshire BS conveyancing panel in order to deal with redeeming my mortgage?
Ordinarily, even if your lawyer is not on the Yorkshire BS conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their specifications fairly frequently in recent years.
Me and my brother purchased a terraced Edwardian house in Keyworth. Conveyancing lawyer represented me and Leeds Building Society. I did a free Land Registry search last week and there are a couple of entries: the first freehold, another for leasehold with the matching property. If a house is not a freehold shouldn't I have been informed?
You need to review the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Keyworth and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with buyers. You can also check the position with the conveyancing solicitor who conducted the conveyancing.
How does conveyancing in Keyworth differ for newly converted properties?
Most buyers of new build premises in Keyworth approach us having been asked by the developer to sign contracts and commit to the purchase even before the residence is constructed. This is because house builders in Keyworth typically buy the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Keyworth or who has acted in the same development.
I am thinking of appointing a conveyancing practitioner in Keyworth for my sale. Is it possible to see a firm’s complaints history with the profession’s regulator?
Members of the public can find published Solicitor Regulator Association (SRA) determinations stemming from inquisitions commenced on or after 1 January 2008. Go to Check a solicitor's record. To find records Pre 2008, or to check a solicitors history, telephone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For non-uk callers, dial +44 (0)121 329 6800. The regulator may recorded telephone calls for training reasons.
Am in the process of buying my first home in Keyworth. Conveyancing solicitor has been instructed. The financial consultant pointed out that a survey is not needed as the property was only constructed in 2002.
At the very least you should order a Home Buyer's Report. As the premises is more than 10 years old the property will be without a warranty, so you don't want to take a risk. For a property that age with no signs of defects a Home Buyer's report may suffice. The report should highlight any obvious problems and recommend further investigation where relevant. If there are any indications of problems seek a full Building Survey from the beginning.