My wife and I changing mortgage lender for our penthouse in Tadworth with Clydesdale. We have a son 18 who lives at home. Our solicitor has asked us to disclose 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 apartment is forfeited by the lender. I have two concerns (1) Is this form unique to the Clydesdale conveyancing panel as he did not need to sign this form when we remortgaged 3 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
First, rest assured that your Clydesdale 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 Clydesdale. This is solely used to protect Clydesdale 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 Clydesdale 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.
As someone not used to the Tadworth conveyancing process what is your top tip you can give me for the ownership transfer in Tadworth
You may not hear this from too many lawyers but conveyancing in Tadworth or throughout England and Wales is an adversarial process. In other words, when it comes to conveyancing there exists an abundance of opportunity for conflict between you and others involved in the legal transfer of property. For instance, the seller, estate agent and on occasion a lender. Appointing a law firm for your conveyancing in Tadworth an important selection as your conveyancer is your adviser, and is the ONLY person in the legal process whose responsibility is to look after your best interests and to keep you safe.
On occasion a potential adversary will try and sway you that it is in your interests to do things their way. For instance, the property agent may claim to be assisting by claiming that your conveyancer is slow. Or your financial adviser may advise you to do something that is against your solicitors guidance. You should always trust your lawyer above all other parties in the conveyancing process.
I am expecting a DIP from Co-operative this week so we can work out what to offer on a property we like as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Co-operative recommend any Tadworth solicitors on the Co-operative conveyancing panel, or is it better to go independently?
You will need to appoint Tadworth solicitors independently although you'll need to choose one on the Co-operative conveyancing panel. The solicitor represents both you and Co-operative through the process.
I have today made my last payment due on my mortgage with UBS. I assume I don't need a Tadworth solicitor on the UBS panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your UBS 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 UBS mortgage from the register. UBS, 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 UBS has sent the Land Registry the discharge electronically, and
- UBS has instructed the Land Registry to do so
I am due to exchange contracts on my house. I had a double glazing fitted in August 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Nationwide are being problematic. The Tadworth solicitor who is on the Nationwide conveyancing panel is saying indemnity insurance will be fine but Nationwide are insisting on a building regulation certificate. Why do Nationwide have a conveyancing panel if they don't accept advice from them?
It is probably the case that Nationwide have referred the matter to their valuer. The reason why Nationwide may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
Will our solicitor be making enquiries about flooding as part of the conveyancing in Tadworth.
Flooding is a growing risk for lawyers specialising in conveyancing in Tadworth. Plenty of people will acquire a property in Tadworth, fully expectant that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, if a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or dispose of the premises. Steps can be carried out during the course of a property purchase to forewarn the buyer.
Conveyancers are not qualified to offer advice on flood risk, but there are a various searches that can be undertaken by the purchaser or on a buyer’s behalf which will figure out the risks in Tadworth. The conventional set of property information forms sent to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) contains a standard inquiry of the seller to determine if the property has suffered from flooding. In the event that flooding has previously occurred and is not revealed by the seller, then a buyer could commence a legal claim for losses as a result of such an misleading response. The purchaser’s lawyers may also carry out an environmental report. This will disclose if there is a recorded flood risk. If so, further inquiries should be made.
Hoping to buy a property located in Tadworth and I am already nervous. I couldn't find anything specific about Tadworth. Conveyancing will be needed in due course but do you know about the Tadworth area? or perhaps some other tips you can share?
Rather than looking online forget looking online you should go and have a look at Tadworth. In the meantime here are some basic statistics that we found
I need to find a conveyancing solicitor for some conveyancing in Tadworth. I have chance upon a web site which appears to be the ideal answer If it is possible to get all the legals completed via email that would be ideal. Do I need to be concerned? What are the potential pitfalls?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?