My partner and I intend to remortgage our apartment in Little Haven with Santander. We have a son approaching twenty 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 flat is repossessed. I have a couple of concerns (1) Is this document specific to the Santander conveyancing panel as he did not need to sign this form when we remortgaged 3 years ago (2) Does our son by signing this giving up his entitlement 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.
We note that you have a search directory listing solicitors on the Bank of Ireland conveyancing panel. Do firms pay you a referral fee if I retain them for our own conveyancing in Little Haven?
We are a listing service only for law firms wishing to communicate if they are on the Bank of Ireland conveyancing panel or other lender panels. We do not charge referral fees to any conveyancer that you subsequently appoint for your conveyancing in Little Haven.
Is there a search tool that I can use to find out if the solicitor handling my conveyancing in Little Haven is on the bank’sconveyancing panel? I am looking to avoid the situation of having one lawyer for me and one for Godiva Mortgages Ltd thus spending £192.00 in additional legal charges.
You should make the most of the search tool on this page. Please choose the mortgage company and type ‘Little Haven’ or your location and you will discover numerous conveyancers based in Little Haven or near you.
I purchased my house on 16 April and my personal details is not yet registered. Should I be concerned? My conveyancing solicitor in Little Haven said it would be formalised in less than a month. Are transfers in Little Haven uniquely lengthy to register?
As far as conveyancing in Little Haven is concerned, registration is no quicker or slower than the rest of the country. As opposed to being determined by geographic area, timeframes can vary subject to who lodges the application, whether there are errors and if the Land registry need to notify any 3rd parties. Currently approximately three quarters of such applications are fully addressed within 12 days but occasionally there can be protracted delays. Registration takes place after the new owner is living at the premises therefore registration formalities is not usually top priority but where it is urgent that the the registration takes place urgently then you or your solicitor can communicate with the Registry to express the reasoning for an expedited registration.
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 was supposed to be a quick, no chain conveyancing. Little Haven is where the house is located. What do you suggest?
Flying freeholds in Little Haven are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Little Haven you would need to get your solicitor to go through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Little Haven may determine 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 property.
Can you provide any advice for leasehold conveyancing in Little Haven with the intention of speeding up the sale process?
- A significant proportion of the frustration in leasehold conveyancing in Little Haven can be bypassed if you appoint lawyers as soon as your agents start advertising the property and ask them to put together the leasehold documentation needed by the purchasers’ conveyancers. If you have the benefit of shareholding in the freehold, you should make sure that you are holding the original share document. Obtaining a duplicate share certificate is often a lengthy process and slows down many a Little Haven home move. If a duplicate share certificate is needed, you should approach the company officers or managing agents (where applicable) for this as soon as possible. If there is a history of any disputes with your landlord or managing agents it is very important that these are resolved prior to the flat being marketed. The purchasers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You may need to swallow your pride and pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is better to present the dispute as over as opposed to unresolved. You believe that you know the number of years left on your lease but it would be advisable verify this via your lawyers. A purchaser's lawyer will be unlikely to recommend their client to to exchange contracts if the remaining number of years is under 75 years. In the circumstances it is important at an as soon as possible that you identify whether the lease term requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale. A minority of Little Haven leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. Any bank reference should make it clear that the buyer is financially capable of paying the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.
Little Haven Conveyancing for Leasehold Flats - Sample of Queries before Purchasing
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It would be prudent to discover if the the lease contains any adverse restrictions in the lease. By way of example it is reasonably common in Little Haven leases that pets are not allowed in certain buildings in Little Haven. If you like the flatin Little Haven but your dog is not allowed to live with you then you will be faced hard compromise. What prohibitions exist in the Little Haven Lease? Where a Little Haven lease has less than eighty years it will affect the value of the apartment. It is worth checking with your mortgage company that they are happy with residual term of the lease. A short lease means that you will almost definitely need a lease extension sooner rather than later and it is worth discovering what this would cost. Remember, in most cases you would be required to have been the owner of the residence for a couple of years before you are entitled to extend the lease.