My wife and I intend to remortgage our penthouse in Standish with Barclays. We have a son 19 who lives with us. Our solicitor requested us to identify any adults 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 apartment is repossessed. I have a couple of concerns (1) Is this form unique to the Barclays conveyancing panel as he did not need to sign this form when we remortgaged 4 years ago (2) Does our son by signing this compromise his rights to inherit the property?
First, rest assured that your Barclays 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 Barclays. This is solely used to protect Barclays 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 Barclays 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.
Why do I have to pay up front for conveyancing in Standish?
Where you are retaining lawyers for conveyancing in Standish your lawyer will ask you place them with monies to cover the the cost of the conveyancing searches. This will be the total of the cost of the Local Authority Search. When the down payment is as part of the total price then this should be required immediately before contracts are exchanged. Any further balance that is due should be sent to your lawyer a few days ahead of the completion date.
We are purchasing a property in Standish. It might be a silly question but how we can trust a conveyancer? At some point we will need to send money into their account. What is the protection we have from them run away with our deposit?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
I have today made my last payment due on my mortgage with Kent Reliance. I assume I don't need a Standish property lawyer on the Kent Reliance panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Kent Reliance mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Kent Reliance mortgage from the register. Kent Reliance, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Kent Reliance has sent the Land Registry the discharge electronically, and
- Kent Reliance has instructed the Land Registry to do so
I was told four weeks ago that my mortgage has been agreed to by Nationwide. Is it usual for Nationwide to only issue the offer once my solicitor in Standish is approved on their conveyancing panel? Nationwide have asked my solicitor to see a copy of their PI Insurance.
A lender would not issue a mortgage until they have details of a lawyer on their panel. It can take a few weeks for Nationwide to deal with your lawyer's application to be on the Nationwide conveyancing panel. There's no guarantee that your solicitor will be accepted.
What does commercial conveyancing in Standish cover?
Standish conveyancing for business premises incorporates a broad range of services, given by qualified solicitors, relating to business property. By way of example, this area of conveyancing can cover the sale or purchase of freehold business premises or, more commonly, the assignment of existing business tenancies or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial mortgages and the termination of leases.
We are 14 days into a residential purchase having been directed to a firm by the estate agent to perform conveyancing in Standish. We are not happy. Could you you assist me in finding new solicitors?
They would have to be very poor in order to consider diss instructing them. Has the mortgage offer been generated? In the event that it has you will need to inform them of the new solicitor and have the mortgage documents are re-sent. The solicitor ideally should be on the lenders approved list to avoid escalating charges and complications. That should be your starting point. The search tool should help you find a lender approved conveyancer for your home move in Standish
Should one as executor remove a deceased person's name from the title register for a house in Standish?
If a Standish property is co-owned and one of the owners passes away, the name will not automatically be removed from the title deeds. It is not necessary to amend the title as when it comes to a disposal you would just need to evidence as to the reason the joint owner is missing from the conveyance, such as the probate documents.
With the aim of making things smoother in the future you can apply to have the deceased party removed from the title by applying to HMLR with evidence of the death. There is no charge from the Registry for this service.