My fiance and I are refinancing our apartment in Sandiacre with Nottingham. We have a son 19 who lives with us. Our solicitor requested us to identify 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, giving up any rights in the event that the property is forfeited by the lender. I have a couple of questions (1) Is this form unique to the Nottingham conveyancing panel as he never had to sign this form when we bought 4 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 Nottingham. This is solely used to protect Nottingham 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 Nottingham 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.
Finally the sale completed on my house in Sandiacre last March but my buyer keeps texting every few hours to say his solicitor is waiting to hear from myconveyancer. What are the post completion sale legalities following completion?
Following your house sale your conveyancer should send the transfer deeds and all additional paperwork to the purchaser's lawyers. Depending on the transaction, your solicitor must also send confirmation that the legal charge in favour of the lender has been paid off to the buyers lawyers. There are no post completion steps specific conveyancing in Sandiacre.
When reading mumsnet.com for a cheap lawyer in Sandiacre, most post that I should look for a CQS assured solicitor. What is CQS?
The Law Society's Conveyancing Quality Scheme is the recognised quality mark for legal experts in the legal transfer of properties, trusted by some of the UK's major lenders. In 2011-12 the Conveyancing Quality Scheme was officially recognised by the Council of Mortgage Lenders (CML). The scheme does not cover licenced conveyancers. Sandiacre is one of the numerous areas of the UK where there are Accredited lawyers.
A relative recommended that if I am purchasing in Sandiacre I should carry out a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
A search of this type is occasionally quoted for as part of the standard Sandiacre conveyancing searches. It is not a small document of more than thirty pages, listing and setting out important information about Sandiacre around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the local Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average House Prices, Crime details, Local Education with maps and statistics, Local Amenities and other useful data concerning Sandiacre.
How does conveyancing in Sandiacre differ for newly converted properties?
Most buyers of new build residence in Sandiacre approach us having been asked by the developer to exchange contracts and commit to the purchase even before the property is built. This is because developers in Sandiacre typically buy the land, 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 property lawyers 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 used to new build conveyancing in Sandiacre or who has acted in the same development.
Due to the encouragement of my in-laws I had a survey completed on a property in Sandiacre ahead of instructing conveyancers. I have been informed that there is a flying freehold aspect to the property. The surveyor has said that some lenders may not issue a mortgage on such a premises.
It varies from the lender to lender. Lloyds has different instructions for example to Birmingham Midshires. If you e-mail us we can check with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Sandiacre. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Sandiacre to see if the conveyancing costs will increase in light of this.