My wife and I are refinancing our apartment in Withernsea with TSB. We have a son approaching twenty who lives at home. Our solicitor has asked us to disclose any adults other than ourselves who reside at the property. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the property is forfeited by the lender. I have a couple of concerns (1) Is this document specific to the TSB 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?
First, rest assured that your TSB 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 TSB. This is solely used to protect TSB 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 TSB 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.
My grandmother passed away last year and as sole heir and executor I was left the house in Withernsea. The house had a relatively small loan remaining of approximately £5k. I want to transfer the title deeds into my name whilst I re-mortgage to Yorkshire BS, pay off the mortgage. Is this allowed?
Where you intend to re-mortgage then Yorkshire BS will require that you use a conveyancer on the Yorkshire BS conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Yorkshire BS conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Yorkshire BS mortgage is registered as a charge at the Land Registry.
I'm converting the mortgage on my existing house to a buy to let mortgage with Chelsea Building Society and I will use the ballance of the raised equity towards another property. The area we are interested in is Withernsea. Will your solicitors be able to act for both sets of banks and link together the two deals?
Do use our comparison tool on this site to check that the lawyers are on the appropriate lender panels. Assuming that they are the solicitor should be able to connect the two deals but you should talk with you lawyer and make clear your expectations and needs.
We're new to the buying process - agreed a price, but the agent told us that the seller will only issue a contract if we appoint the agent's preferred conveyancers as they want a ‘quick sale’. My instinct tells me that we should use a family conveyancer used to conveyancing in Withernsea
We suspect that the seller is unaware of this demand. Should the owner require ‘a quick sale', taking such a hostile approach to a serious purchaser is not the way to achieve this. Speak to the owners direct and make the point that (a)you are motivated buyers (b)you are ready to progress, with mortgage lined up © you do not need to sell (d) you intend to proceed fast (e)however you will continue to use your own,trusted Withernsea conveyancing lawyers - not the ones that will give the estate agent a introducer fee or hit his conveyancing thresholds demanded by head office.
Having had my offer accepted I require leasehold conveyancing in Withernsea. Before diving in I would like to find out the remaining lease term.
If the lease is registered - and most are in Withernsea - then the leasehold title will always include the basic details of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
Leasehold Conveyancing in Withernsea - Sample of Questions you should consider before buying
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How much is the annual maintenance fee and ground rent? It would be a good idea to investigate if there is anything that is prohibited in the lease. For instance it is reasonably common in Withernsea leases that pets are not allowed in certain buildings in Withernsea. If you love the apartmentin Withernsea yet your dog is not allowed to move with you then you will be faced hard determination.
My lawyers in Withernsea have advised me that no longer have my conveyancing file. To assist with my purchase I took out a mortgage with the bank. Is it case that being on the bank conveyancing panel they need to have retained the file for a prescribed period?
It very much depends from lender to lender but many of the Terms and Conditions of Conveyancing Panel Appointment require the file to be held for a period of 6 years. That being said we have not seen a copy of the mortgage company Conveyancing Panel Terms. It might be worth you contacting the lender directly.