My wife and I intend to remortgage our apartment in Aldersgate with HSBC. 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. Our lawyer has now e-mailed a document for our son to sign, waiving any legal rights in the event that the property is repossessed. I have a couple of concerns (1) Is this document specific to the HSBC conveyancing panel as he did not need to sign this form when we purchased 5 years ago (2) In signing this form is our son in any way compromising his right 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.
Finally the sale completed on my house in Aldersgate last November yet the purchaser is calling me to moan that their conveyancer is waiting to hear from myconveyancer. What are the post completion sale legalities now that I have sold?
After completion of your sale your conveyancer is committed to send the transfer documentation and all additional paperwork to the buyer’s lawyers. Where appropriate, your lawyer must also confirm that the home loan has been redeemed to the buyers solicitors. There are no post completion formalities just for conveyancing in Aldersgate.
My lawyer in Aldersgate is not on the Barclays Approved Panel. Can I still retain my family solicitor notwithstanding that they are excluded from the Barclays panel of approved conveyancing solicitors?
Your options are as follows:
- Carry on with your preferred Aldersgate lawyers but Barclays will need to retain a lawyer on their panel. This will result in additional overall conveyancing fees as well as result in frustration.
- Find a new lawyer to act in the conveyancing, remembering to check they are Persuade your lawyer to use their best endeavours to join the Barclays conveyancing panel
What is the difference between a licensed conveyancer and conveyancing solicitor in Aldersgate
Two types of professional can conduct conveyancing in Aldersgate namely CLC regulated conveyancers or solicitors. Both professionals handle conveyancing services that required to complete the disposal or acquisition of property. Both are obliged to perform Aldersgate conveyancing on similar quality and guidelines so you can be safe in the knowledge that your conveyancing will be properly conducted and that all necessary procedures should be suitably adhered to.
My bid for a property was accepted at auction in Aldersgate. Conveyancing is needed. What are my next steps?
Given that you have now legally bound yourself to purchase you will need to hire the services of a conveyancing solicitor as a matter of priority as you are facing a fast approaching a fixed date to complete the purchase. All auction property will ordinarily have a bespoke auction set of papers. This will include the copy title deeds, local authority and drainage searches. If you have purchased leasehold property the legal papers should contain a copy of the lease, management information and a sellers leasehold information form and other conveyancing documentation relating to leasehold premises. You need to pass this on to your appointed conveyancing solicitor ASAP. You also need to ensure that you have funds organised to complete on the on the contractual date .
I recently had an offer accepted on an apartment in Aldersgate. My financial adviser recommended their conveyancers. I paid an upfront payment of £150. A couple of days later, the lawyer called me embarrassingly acknowledging that they were not on the Nottingham conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Nottingham panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
What can a local search tell me concerning the property we're purchasing in Aldersgate?
Aldersgate conveyancing often starts with the applying for local authority searches directly from your local Authority or through a personal search organisations for example Xpress Legal The local search is essential in every Aldersgate conveyancing purchase; as long as you wish to avoid any unpleasant surprises after you move into your new home. The search should supply information on, amongst other things, details on planning applications applicable to the premises (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen topic sections.
In my capacity as executor for the will of my father I am disposing of a property in Swansea but I am based in Aldersgate. My conveyancer (based 235 kilometers from merequires that I sign a statutory declaration prior to the transaction finalising. Could you suggest a conveyancing practitioner in Aldersgate to attest this legal document for me?
Technically speaking you are unlikely to be required to have the documents attested by a conveyancing solicitor. Ordinarily or notary public or qualified solicitor will do regardless of whether they are based in Aldersgate