My fiance and I intend to remortgage our flat in Brynford with Yorkshire BS. We have a son 18 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 property is repossessed. I have two concerns (1) Is this form unique to the Yorkshire BS conveyancing panel as he did not need to sign this form when we remortgaged 3 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 Yorkshire BS. This is solely used to protect Yorkshire BS 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 Yorkshire BS 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.
Should conveyancers request money up-front for my conveyancing in Brynford?
Where you are retaining lawyers for conveyancing in Brynford your solicitor will ask you to provide them with monies to cover the search fees. Normally this is asked for to cover the fees of the Local Authority Search. If any down payment is payable against the sale price then this will be needed shortly ahead of exchange of contracts. Any further balance that is due will be payable shortly before completion.
We are hoping to buy a 3 bedroom flat in Brynford with a residential mortgage from The Royal Bank of Scotland.We use our Brynford conveyancing practitioner but The Royal Bank of Scotland says she’s not on their approved list of firms. we are left little option but to use a The Royal Bank of Scotland panel firm or retain our high street solicitor and fork out for a The Royal Bank of Scotland panel lawyer to represent them. This seems very unfair; Can we not simply insist that The Royal Bank of Scotland use our lawyer?
Unfortunately,no. The home loan offered to you contains various provisions, one of which will be that conveyancers will be on the The Royal Bank of Scotland solicitor panel. Until recently, most lenders had large numbers of solicitors on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your solicitors to apply to be on the conveyancing panel for The Royal Bank of Scotland
A friend informed me that in purchasing a property in Brynford there may be a number of restrictions affecting the ability to carry out external alterations to the property. Is this right?
There are a number of properties in Brynford which have some sort of restriction or requirement of consent to execute external alterations. Part of the conveyancing in Brynford should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
We previously selected conveyancers based in Brynford on the Santander solicitor panel. They are now charging me a further fee for dealing with the Santander mortgage. Is this an additional conveyancing fee specified by Santander?
As unfair as it may seem, as long as it’s in their Terms of Engagement or Quote then yes your lawyer can levy a fee for this. This charge is not set by Santander but by your Brynford lawyer. Numerous firms on the Santander panel will quote ’dealing with mortgage’ fee but some practices include it on their overall fee.
The formalities of my remortgage has taken place for my property in Brynford. Conveyancing was a necessary evil but I feel I should register my dissatisfaction about the lender. How do I make a complaint?
All lenders have complaints procedures. Your first port of call should be one of the lender’s branches or the Customer Services Department at head office. We understand that complaints to a lender are sorted out very quickly. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service who will take matters further.
Do I need to take out insurance to protect me from financial exposure to chancel repairs when buying a property in Brynford?
Unless a previous purchase of the property took place post 12 October 2013 you could assume that solicitors conducting conveyancing in Brynford to continue to propose a a chancel search and or insurance against a claim.
The deeds to my home are lost. The conveyancers who did the conveyancing in Brynford 4 years ago have long since closed. Will I be able to sell the house?
Assuming you have a registered title the details of your proprietorship will be documented by the Land Registry under a Title Number. It is easy to execute a search at the Land Registry, locate your property and order up to date copies of the property title for a small fee. Where the property is Leasehold then the Land Registry will in most cases hold a file copy of the Registered Lease and again, a copy can be ordered for a small fee.