My husband and I intend to remortgage our penthouse in Gaydon with Kent Reliance. We have a son 19 who lives with us. Our solicitor requested us to identify any adults other than ourselves who lives in the flat. The solicitor has now sent a form for our son to sign, giving up any rights in the event that the apartment is forfeited by the lender. I have a couple of concerns (1) Is this document specific to the Kent Reliance conveyancing panel as he never had 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 Kent Reliance. This is solely used to protect Kent Reliance 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 Kent Reliance 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.
Do I need to have a meeting at the offices of the solicitor to sign the legal charge? If so, I will instruct a firm who offer conveyancing in Gaydon so that I can attend their offices if required.
As opposed to 12 years ago, almost all lenders no longer oblige their conveyancing panel lawyer to witness the borrowers signature. It will still be necessary for you to supply ID documents and there are still distinct advantages to choosing a local solicitor, in your situation a conveyancing solicitor in Gaydon.
I happen to be the single beneficiary of my late father’s will with all property in now in my sole name, including the my former home in Gaydon. Conveyancing formalities meant that the Land Registry date was in September. I plan to dispose of the property. I do know about the CML six month 'rule', which means that my proprietorship will be regarded the same way as though I had purchased the property in September. Is the property unsalable for six months?
The CML handbook requires solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you might be affected by that. Most lenders would take a sensible view as this clause is principally there to pick up on the purchase and immediately sell or the flipping of property.
is it true that all Gaydon solicitors on the Barclays conveyancing panel are overseen by the Solicitors Regulatory Authority?
As a firm of solicitors, in order to be on the Barclays conveyancing panel they would need to be regulated by the SRA. Many mortgage companies do list licenced conveyancers on their panel in which case such organisation would be governed by the Council of Licensed Conveyancers.
My wife and I have organised a further advance on our home loan from RBS as we want to carry out improvements to our property in Gaydon. Are we obliged to choose a bricks and mortar Gaydon solicitor on the RBS conveyancing panel to deal with the paperwork?
RBS do not ordinarily appoint firms on their conveyancing panel to handle such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the RBS panel.
What will a local search reveal concerning the house I am buying in Gaydon?
Gaydon conveyancing often starts with the ordering local authority searches directly from your local Authority or via a personal search company for instance Searchflow The local search is essential in every Gaydon conveyancing purchase; as long as you don’t want 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 subject headings.
About to purchase a new build flat in Gaydon. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Set out below are examples of a selection of leasehold new build questions that you can expect your new-build leasehold conveyancing in Gaydon
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Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease.
Why do I have to supply my conveyancing practitioner with a list of items of ID before I can proceed with selling or purchasing a property in Gaydon?
Gaydon property lawyers are required by the Law Society, Solicitors Regulation Authority, HM Land Registry and current AML legislation to certify that the have verified the identity of their clients. It will also be a condition of your bank where you are taking a mortgage. In addition they have to complete various forms, particularly those relating to Land Tax and need to have details such as your full names, national insurance number and date of birth.