My partner and I intend to remortgage our penthouse in Old St Mellons with Coventry BS. We have a son approaching twenty who lives at home. Our solicitor requested us to identify any adults other than ourselves who lives in the flat. The solicitor has now sent a form for our son to sign, giving up any rights in the event that the flat is forfeited by the lender. I have a couple of questions (1) Is this document specific to the Coventry BS conveyancing panel as he never had to sign this form when we remortgaged 4 years ago (2) Does our son by signing this compromise his entitlement 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 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.
Should lawyers request money up-front when it comes to conveyancing in Old St Mellons?
Where you are retaining lawyers for conveyancing in Old St Mellons your lawyer will ask you place them with monies to cover the search fees. This will be the total of the cost of the Local Authority Search. When the deposit is as part of the purchase price then this will be asked for immediately in advance of exchange of contracts. The closing balance that is needed should be sent to your lawyer shortly before completion.
What can a local search inform me about the house my wife and I purchasing in Old St Mellons?
Old St Mellons conveyancing often starts with the ordering local authority searches directly from your local Authority or through a personal search company such as Onsearch The local search is essential in every Old St Mellons conveyancing purchase; as long as you wish to avoid any nasty once you have moved into your property. The search should provide information on, amongst other things, details on planning applications relevant to the premises (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen topic headings.
I have justbecome aware that Wolstenholmes have been shut down. They conducted my conveyancing in Old St Mellons for a purchase of a leasehold flat 9 months ago. How can I be sure that the property is in my name in the name of the former proprietor?
The easiest method to see if the premises is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Old St Mellons conveyancing specialists.
Due to the encouragement of my in-laws I had a survey completed on a property in Old St Mellons prior to retaining conveyancers. I have been told that there is a flying freehold element to the house. The surveyor advised that some lenders tend refuse to issue a loan on this type of property.
It depends who your proposed lender is. HSBC has different requirements for example to Nationwide. Should you wish to call us we can investigate further via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Old St Mellons. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Old St Mellons to see if the conveyancing costs will increase in light of this.
How does one as executor remove a departed person's name from the title deeds for a property in Old St Mellons?
If a Old St Mellons property is co-owned and one of the owners passes away, the name will not immediately be removed from the Land Registry title. It is not necessary to amend the title as when it comes to a sale you would simply need to evidence why the joint owner is missing from the contract, typically this takes the form of the probate documents.
With a view to making things smoother for the sale of the property you can arrange to have the deceased person removed from the title entries by submitting an application to HMLR with evidence of the death. There is no land registry fee payable.