My partner and I intend to remortgage our penthouse in Thorpe Hesley with HSBC. We have a son 19 who lives with us. Our solicitor requested us to identify any adults other than ourselves who lives in the flat. Our lawyer has now e-mailed a document for our son to sign, waiving any legal rights in the event that the apartment is repossessed. I have two concerns (1) Is this document specific to the HSBC conveyancing panel as he never had to sign this form when we remortgaged 3 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 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.
We are buying a flat and need a conveyancing solicitor in Thorpe Hesley who is on the Yorkshire BS conveyancing panel. Can you recommend a local conveyancing firm?
Our service is limited to being a directory service for firms who wish to be listed as being on the approved conveyancing panel for Yorkshire BS . We don't recommend any particular firms conducting conveyancing in Thorpe Hesley.
My wife and I have a semi-detached Victorian house in Thorpe Hesley. Conveyancing practitioner acted for me and Coventry Building Society. I happened to do a free search for it on the Land Registry database and I saw a couple of entries: one for freehold, another for leasehold with the matching property. Is it worth asking Coventry Building Society to clarify?
You should read the Freehold register you have again and check the Charges Register for 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 Thorpe Hesley and other areas of the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with buyers. You can also enquire as to the position with your conveyancing practitioner who carried out the work.
How does conveyancing in Thorpe Hesley differ for newly converted properties?
Most buyers of new build premises in Thorpe Hesley come to us having been asked by the housebuilder to sign contracts and commit to the purchase even before the premises is built. This is because developers in Thorpe Hesley typically purchase 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 accustomed to new build conveyancing in Thorpe Hesley or who has acted in the same development.
I am 18 days into a leasehold purchase having been directed to a firm by the estate agent to handle our conveyancing in Thorpe Hesley. I am am starting to be dissatisfied with the level of service. Can you you assist me in finding new lawyers?
A conveyancer would need to be really poor in order to consider replacing them. Has your mortgage offer been sent? If so you must make them aware of the new contact details and have the mortgage documents are issued to the new lawyers. The solicitor ideally needs to be on the mortgage company approved list to avoid escalating fees and complications. That should be your starting point. The search tool should assist you in finding a bank approved solicitor for your home move in Thorpe Hesley
I happen to be an executor of my recently deceased mum’s Will, with a bungalow in Thorpe Hesley which will be sold. The house has never been registered at the Land Registry and I'm told that many EAs will insist that it is in place before they will move forward. What's the mechanism for this?
In the circumstances that you have set out it seems sensible to apply to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. HMLR’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and official copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.