My wife and I intend to remortgage our maisonette in Henleaze with Virgin Money. We have a son approaching twenty who lives at home. Our solicitor requested us to identify 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 questions (1) Is this document specific to the Virgin Money conveyancing panel as he never had to sign this form when we remortgaged 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 Virgin Money 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 Virgin Money. This is solely used to protect Virgin Money 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 Virgin Money 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.
Do banks and building societies provide you with an approved list of Henleaze conveyancing solicitors? How do you know who is on the Co-operative conveyancing panel?
Henleaze conveyancing firms themselves provide us confirmation that they are on the Co-operative conveyancing panel as opposed to being supplied with a list from Co-operative directly.
We had instructed solicitors located in Henleaze on the Nottingham solicitor panel. They have just billed me a further charge for handling the Nottingham mortgage. Is this a supplemental conveyancing fee specified by Nottingham?
Provided it is contained in their Terms and Conditions or estimate then yes your conveyancing practitioner is entitled to charge a fee for this. The charge is not dictated by Nottingham but by your Henleaze solicitor. Numerous firms on the Nottingham panel will charge an ‘acting for lender’ fee and others do not.
We have a mortgage agreed in principle with Co-operative. Henleaze conveyancing solicitors are chosen. How long does it take for Co-operative to issue the offer to the conveyancing practitioner?
Some lenders take longer than others. Have Co-operative completed the valuation? Have you informed Co-operative as to your lawyers' details and checked that your lawyers are on the Co-operative conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.
I have paid off my mortgage with Lloyds. I assume I don't need a Henleaze lawyer on the Lloyds panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Lloyds 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 Lloyds mortgage from the register. Lloyds, 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 Lloyds has sent the Land Registry the discharge electronically, and
- Lloyds has instructed the Land Registry to do so
My wife and I have a semi-detached Georgian property in Henleaze. Conveyancing lawyer acted for me and Clydesdale. I did a free Land Registry search last week and there are a couple of entries: the first freehold, another for leasehold with the matching property. If a house is not a freehold shouldn't I have been informed?
You should assess 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 Henleaze and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with lenders. You can also question the situation with the conveyancing lawyer who conducted the work.
Yesterday I discovered that there is a flying freehold element on a property I have offered on a fortnight ago in what was supposed to be a quick, chain free conveyancing. Henleaze is where the house is located. Can you offer any advice?
Flying freeholds in Henleaze are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Henleaze you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Henleaze may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
My business partner and I are wishing to lease a unit on a shopping parade. Can you recommend lawyers offering no-move-no costs for commercial conveyancing in Henleaze for less than 2k?
We can recommend firms who have well rounded knowledge of commercial conveyancing in Henleaze, including the sale and acquisition of businesses as well as simply premises. Whether you are hoping to acquire or lease a shop, pub, restaurant, office, retail unit or a whole business we can find you the right lawyer. Regarding the charges this will depend on the structure and terms of the deal. Let us have your contact information or call us so that we may supply you with a detailed commercial conveyancing calculation.