I am not in a position to travel far from Kimberley. Is there a reason why all Kimberley property lawyers aren't included on all mortgage company panels?
A decade ago most banks had an attitude to risk which differs from the current day. The financial regulator in 2010 conducted a thematic review into mortgage fraud which concluded: know the conveyancers on your panel. Consequently, mortgage companies have since soughtmore data from law firms regarding their processes and the individuals employed by them and set certain criteria such as completing a minimum volume of transactions. Many law practices have been removed from lender panels even though they had an exemplary disciplinary record, no complaints and no claims and didn't just 'dabble' in conveyancing. Such firms found it impossible satisfy the minimum amount of transactions the mortgage companies required.
My fiance and I intend to remortgage our maisonette in Kimberley with Coventry BS. We have a son 19 who lives at home. Our solicitor has asked us to disclose any adults 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 forfeited by the lender. I have two questions (1) Is this form unique to the Coventry BS conveyancing panel as he did not need to sign this form when we remortgaged 5 years ago (2) Does our son by signing this extinguish his entitlement to inherit the property?
First, rest assured that your Coventry BS 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 Coventry BS. This is solely used to protect Coventry BS 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 Coventry BS 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 Kimberley
There are two types of lawyers who can perform conveyancing in Kimberley namely licenced conveyancers or solicitors. The two can provide the legal services that you need to complete the disposal or purchase of property. They are both duty bound to perform Kimberley conveyancing on similar quality and guidelines so you may be safe in the knowledge that your conveyancing will be properly carried out and that all requirements and steps should be accurately adhered to.
I am the only beneficiary of my late grandmother’s will with all property in now in my sole name, including the my former home in Kimberley. The Kimberley property was put into my name in June. I now wish to sell up. I do know about the CML six month 'rule', which means that my property ownership may be considered the same way as though I had purchased the house in June. Do I have to wait 6 months to sell?
The CML handbook requires conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you could be caught by that. Some lenders would take a practical view as this provision is chiefly there to pick up on subsales or the flipping of property.
Planning on purchasing a flat in Kimberley. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Lender if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Skipton conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Kimberley solicitor is on the Skipton conveyancing panel.
I am planning on selling our house in Kimberley and the buyers lawyers are claiming that there is a risk of it being constructed on contaminated land. A high street Kimberley lawyer would know this is not the case. It does beg the question why the buyers used a national conveyancing outfit as opposed to a conveyancing solicitor in Kimberley. We have lived in Kimberley for many years we know that this is a non issue. Is it a good idea to get in touch with our local Authority to seek clarification that the buyers are looking for.
It would appear that you have a conveyancing lawyer currently acting for you. What do they say? You must enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same illness)
My wife and I purchased a semi-detached Edwardian property in Kimberley. Conveyancing practitioner represented me and Halifax. I did a free Land Registry search last week and there are two entries: one for freehold, the second leasehold under the exact same property. Is it worth asking Halifax to clarify?
You need to read the Freehold register you have again and check the Charges Register as there may be 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 Kimberley and other areas of the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also question the situation with the conveyancing practitioner who conducted the work.
Just had an offer accepted on a new build apartment in Kimberley. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Here is a sample of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Kimberley
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Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Forfeiture - bankruptcy or liquidation must not apply under this provision.