My fiance and I swapping mortgage lender for our apartment in Fairwater with Coventry BS. We have a son 18 who lives at home. Our solicitor requested us to identify anyone over the age of 17 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 flat is repossessed. I have a couple of concerns (1) Is this document specific to the Coventry BS conveyancing panel as he never had to sign this form when we bought 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 Coventry BS. This is solely used to protect Coventry 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 Coventry 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.
After reading online forums for a high-quality lawyer in Fairwater, many advise that I must instruct a CQS kitemarked lawyer. Can you explain what CQS is?
The Law Society's Conveyancing Quality Scheme is the recognised kitemark for legal experts in home ownership transfers, trusted by some of the UK's major mortgage companies. In 2011-12 the Conveyancing Quality Scheme was officially recognised by the Association of British Insurers (ABI). The scheme does not cover licenced conveyancers. Fairwater is one of the many areas of the UK where there are CQS lawyers.
Should our conveyancer be raising enquiries regarding flooding as part of the conveyancing in Fairwater.
The risk of flooding is if increasing concern for conveyancers dealing with homes in Fairwater. There are those who purchase a house in Fairwater, completely expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, where a house is at risk of flooding, it may be difficult to get a mortgage, satisfactory insurance cover, or dispose of the premises. Steps can be carried out during the course of a house purchase to forewarn the buyer.
Lawyers are not qualified to give advice on flood risk, however there are a various searches that can be initiated by the purchaser or on a buyer’s behalf which will give them a better appreciation of the risks in Fairwater. The standard completed inquiry forms supplied to a buyer’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) contains a usual inquiry of the owner to determine whether the premises has suffered from flooding. If flooding has previously occurred and is not disclosed by the owner, then a purchaser could commence a legal claim for losses resulting from an incorrect answer. The buyer’s lawyers will also commission an environmental report. This will higlight if there is any known flood risk. If so, further inquiries should be conducted.
I opted to have a survey done on a property in Fairwater in advance of retaining lawyers. I have been told that there is a flying freehold element to the property. The surveyor has said that some banks will not grant a loan on this type of house.
It depends who your proposed lender is. Bank of Scotland has different requirements from Birmingham Midshires. Should you wish to telephone us we can check with the relevant lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Fairwater. Conveyancing may be slightly more expensive based on your lender's requirements.
Are there any apps to assist me to search for a Fairwater solicitor on the Godiva Mortgages Ltd conveyancing panel? I drive a motor bike and am willing to travel upto 25kilometers to meet the solicitor.
You can use the tool on this website. Please pick a bank and your location and you will see a number of Fairwater conveyancing lawyers locally. We have listed some Fairwater conveyancing firms towards the end of this page and you can telephone them to verify whether they are on the Godiva Mortgages Ltd panel
I am 14 days into a leasehold purchase having been recommend to conveyancers by the high street agent to perform conveyancing in Fairwater. We are not happy. Could you help me find new lawyers?
They would have to be really bad in order to consider replacing them. Has your mortgage been sent? If so you will need to make them aware of the new contact details and ensure the loan are issued to the new lawyers. Your solicitor ideally should be on the banks approved list to avoid added expenses and delays. So that should be your starting point. Our search tool should assist you in finding a lender approved lawyer for your conveyancing in Fairwater