My wife and I changing mortgage lender for our flat in Upper Tean with Co-operative. We have a son approaching twenty who lives with us. Our solicitor has asked us to disclose anyone over the age of 17 other than ourselves who reside at the property. Our lawyer has now e-mailed a document 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 document specific to the Co-operative conveyancing panel as he never had to sign this form when we purchased 4 years ago (2) Does our son by signing this extinguish 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 Co-operative. This is solely used to protect Co-operative 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 Co-operative 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 Upper Tean conveyancing process what is the number one tip you can give me concerning the house moving process in Upper Tean
Not many law firms shout this from the rooftops but conveyancing in Upper Tean and elsewhere in Staffordshire is an adversarial experience. In other words, when it comes to conveyancing there exists plenty of room for confrontation between you and other parties involved in the ownership transfer. E.g., the vendor, selling agent and sometimes a lender. Selecting a solicitor for your conveyancing in Upper Tean should not be taken lightly as your conveyancer is your adviser, and is the ONLY party in the process whose responsibility is to look after your best interests and to keep you safe.
There is a distinct ongoing adversarial element to conveyancing- someone must be at fault for the process being so protracted. We recommend that you your first instinct should be to trust your lawyer ahead of the other players when it comes to the legal transfer of property.
I am buying a new build flat in Upper Tean. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Here is a sample of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Upper Tean
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If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. There must be mutual enforceability of lessee’s covenants. Please supply a car parking plan. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore.
Due to the encouragement of my in-laws I had a survey completed on a property in Upper Tean before appointing lawyers. I have been advised that there is a flying freehold aspect to the property. The surveyor has said that some mortgage companies will not give a mortgage on such a house.
It varies from the lender to lender. HSBC has different requirements for example to Halifax. Should you wish to call us we can investigate further via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Upper Tean. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Upper Tean to see if the conveyancing costs will increase in light of this.
I am looking to sell my property. My previous solicitors have shut. It would be helpful to have a recommendation of a conveyancing firm. Im based in Upper Tean if that makes a difference.
You should use our search tool to help you choose a solicitor for your conveyancing in Upper Tean. We have connected thousands of home buyers and sellers with lender approved solicitors to ensure that the legalities of their house move runs with a minimum of fuss.
My father-in-law has recommend that I use his conveyancers in Upper Tean. Should I use them?
Much as we are happy to recommend a Upper Tean conveyancing lawyer the best way to choose a conveyancing solicitor is to get referrals from friends or relatives who have used the firm you're considering.