My partner and I changing mortgage lender for our penthouse in Rolleston On Dove with HSBC. We have a son approaching twenty who lives with us. Our solicitor has asked us to disclose any adults other than ourselves who lives in the flat. Our lawyer has now e-mailed a document 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 form unique to the HSBC conveyancing panel as he did not need to sign this form when we purchased 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 HSBC. This is solely used to protect HSBC 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 HSBC 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.
In reading mumsnet.com for a conveyancing lawyer in Rolleston On Dove, most comment that I must look for a CQS accredited lawyer. What is CQS?
Rolleston On Dove Conveyancing Quality Scheme law firms have achieved certification under the Law Society's Scheme (CQS) The Law Society created CQS to promote high standards in the home moving process. CQS enables buyers and sellers to identify practices that provide a quality residential conveyancing. Rolleston On Dove is one of locations in England and Wales in which CQS have a presence. The conveyancing scheme obliges solicitors to undergo a strict assessment, compulsory training, self-certification, spot checks and annual reviews in order to maintain CQS status. It is available to solicitors and not licensed conveyancers and has the support of the Council of Mortgage Lenders.
Various internet forums that I have frequented warn that are the main reason for hinderance in Rolleston On Dove house deals. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) released conclusions of a review by MoveWithUs that conveyancing searches do not feature within the most frequent causes of hindrances in the conveyancing process. Local searches are unlikely to feature in any slowing down conveyancing in Rolleston On Dove.
Me and my brother own a semi-detached Georgian house in Rolleston On Dove. Conveyancing lawyer represented me and Santander. I did a free Land Registry search last week and there are two entries: the first freehold, another for leasehold under the matching address. If a house is not a freehold shouldn't I have been informed?
You should 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 owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Rolleston On Dove and other locations in 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 buyers. You can also question the situation with your conveyancing practitioner who conducted the purchase.
I have been pointed in your direction by a couple of local property agents in Rolleston On Dove to select a conveyancer on your site. Is there a financial incentive for Estate Agents to market your lawyers rather than another?
We don’t make any commission for directing people in our direction. We thought it would be too underhand a fee as home movers will think, ‘Why is the agent getting a kickback? Why am I not receiving any benefit too?’ So we decided to step away from that.
To what extent are Rolleston On Dove conveyancing solicitors duty bound by the Law Society to issue clear conveyancing costs?
Contained within the Solicitors Code of Conduct are set rules and regulations as to how the Solicitors Regulation Authority (SRA) allow solicitors to publicise their charges to clients.The Law Society have practice note giving advice on how to publicise transparent charges to avoid breaching any such rule. Practice notes are not legal advice issued by the Law Society and is not intended as the only standard of good practice a conveyancing solicitor should adhere to. The Practice Note does, nevertheless, constitute the Law Society’s view of acceptable practice for publicising conveyancing charges, and accordingly it’s a recommended read for any solicitor or conveyancer in Rolleston On Dove or beyond.