My husband and I intend to remortgage our apartment in Fairfield with Aldermore. We have a son approaching twenty 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, giving up any rights in the event that the flat is forfeited by the lender. I have a couple of concerns (1) Is this form unique to the Aldermore conveyancing panel as he did not need 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?
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 Aldermore. This is solely used to protect Aldermore 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 Aldermore 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.
As a first time buyer what is the most important piece of guidance you can give me concerning purchase conveyancing in Fairfield?
You may not hear this from too many lawyers but conveyancing in Fairfield or throughout England and Wales is an adversarial experience. Put another way, when it comes to conveyancing there exists lots of opportunity for friction between you and others involved in the legal transfer of property. E.g., the seller, property agent and even potentially the mortgage company. Appointing a law firm for your conveyancing in Fairfield should not be taken lightly as your conveyancer is your adviser, and is the ONE person in the process whose role it is to protect your best interests and to protect you.
On occasion a potential adversary will try and convince you that you should follow their advice. For instance, the property agent may claim to be assisting by claiming that your solicitor is wrong. Or your mortgage broker may advise you to do take action that is contrary to your lawyers guidance. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.
I am purchasing a right to buy a flat in Fairfield. Conveyancing solicitors are said to be ‘a necessary evil’ but can I do it myself?
Leaving aside the complexities and merits of DIY conveyancing in Fairfield you will have to appoint a solicitor on your lender's conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to be made in you doing conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on your lender panel in Fairfield.
My friend recommended that where I am purchasing in Fairfield I should ask my conveyancer to perform a Neighbourhood, Planning and Local Amenity Search. Can you explain what the purpose of this search is?
This is a search is sometimes quoted for as part of the standard Fairfield conveyancing searches. It is not a small document of about 40 pages, listing and detailing significant information about Fairfield around the property and the people living there. It incorporates an Aerial Photograph, Planning Applications, Land Use, Mobile Phone Masts, Rights of Way, the Fairfield Housing Market, Council Tax Banding, the demographics of People living in the area, the dominant type of Housing, the Average Property Price, Crime details, Local Education with plans and statistics, Local Amenities and other useful data concerning Fairfield.
The deeds to my home can not be found. The conveyancers who dealt with the conveyancing in Fairfield 10 years ago have long since closed. What do I do?
Gone are the days when you need to hold title original deeds to evidence that you are the owner of your registered land or premises, as the Land Registry hold details of all registered land or property electronically.
As co-executor for the estate of my uncle I am selling a residence in Swansea but I am based in Fairfield. My solicitor (who is 250 kilometers awayhas requested that I execute a stat dec ahead of completion. Could you suggest a conveyancing solicitor in Fairfield to attest this legal document for me?
strictly speaking you are unlikely to need to have the documents attested by a conveyancing solicitor. Ordinarily any notary public or qualified solicitor will be fine regardless of whether they are located in Fairfield