My fiance and I swapping mortgage lender for our penthouse in Chester with Nationwide. We have a son 19 who lives with us. Our solicitor has asked us to disclose anyone over the age of 17 other than ourselves who lives in the flat. The solicitor has now sent a form 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 form unique to the Nationwide conveyancing panel as he never had to sign this form when we bought 5 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 Nationwide 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 Nationwide. This is solely used to protect Nationwide 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 Nationwide 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.
We note that you have a search directory listing solicitors on the Bank of Ireland conveyancing panel. Do companies pay you a commission if I instruct them for our conveyancing in Chester?
We are a listing service only for law firms wishing to communicate if they are on the Bank of Ireland conveyancing panel or other lender panels. We do not charge referral fees to any conveyancer that you subsequently appoint for your conveyancing in Chester.
Can you point me to a directory of Lloyds panel solicitors in Chester on the Building Society Association’s Website?
Unfortunately not yet. There is no such facility on the Council of Mortgage Lenders or Building Society Association sites. A small selection of banks make their panel listings visible online. If you are looking for a Chester solicitor on the Lloyds please use our facility.
I am currently in the process of buying my council flat in Chester. I have a mortgage agreed with Kent Reliance. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Kent Reliance, you will need to appoint a solicitor on the Kent Reliance conveyancing panel.
The formalities of my purchase has taken place for my property in Chester. Conveyancing was satisfactory but I would like to complain 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 Care Department at head office. In most cases complaints to a lender are resolved 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.
How does conveyancing in Chester differ for new build properties?
Most buyers of new build premises in Chester come to us having been asked by the builder to sign contracts and commit to the purchase even before the residence is constructed. This is because new home sellers in Chester tend to purchase the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Chester or who has acted in the same development.
I opted to have a survey completed on a property in Chester in advance of instructing lawyers. I have been told that there is a flying freehold overhang to the property. The surveyor advised that some banks may refuse to issue a mortgage on such a home.
It depends who your proposed lender is. Santander has different instructions from Nationwide. If you e-mail us we can check with the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Chester. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Chester to see if the conveyancing costs will increase in light of this.
In scouring the internet for the words cheap conveyancing in Chester it reveals numerous property lawyersin the area. With so much choice what is the best way to find the suitable conveyancer for the sale of my house?
The preferential way of seeking a suitable conveyancer is via trusted recommendation, so seek the opinion of colleagues and family who have bought a property in Chester or a local estate agent or mortgage broker. Fees for conveyancing in Chester vary, so it's sensible to request a minimum of three estimates from varying types of law firms. Make sure that you know that the costs are assured not to escalate.