My partner and I intend to remortgage our flat in Henley On Thames with Yorkshire BS. 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. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the apartment is forfeited by the lender. I have two questions (1) Is this form unique to the Yorkshire BS conveyancing panel as he never had to sign this form when we purchased 4 years ago (2) Does our son by signing this extinguish his rights 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.
It is a dozen years since I purchased my home in Henley On Thames. Conveyancing lawyers have recently been instructed on the sale but I am unable to locate the title deeds. Will this jeopardise the sale?
You need not be too concerned. First the deeds may be with your lender or they could be in the possession of the lawyers who acted in the purchase. Secondly the likelihood is that the title will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers acquiring current official copies of the land registers. Almost all conveyancing in Henley On Thames relates to registered property but in the unlikely event that your home is unregistered it is more tricky but is not insurmountable.
Having invested time scouring online forums for a recommended solicitor in Henley On Thames, many say that I should look for a CQS kitemarked lawyer. Can you explain what CQS is?
Henley On Thames Conveyancing Quality Scheme practices have been granted accreditation under the Law Society's Scheme (CQS) CQS was brought about to establish evidence of quality standards in the home buying process. CQS enables consumers to identify practices that provide a quality residential conveyancing. Henley On Thames is one of the many areas in England and Wales in which accredited firms have a presence. The scheme requires practices to undergo a strict assessment, compulsory training, self-certification, spot checks and yearly assessments in order to maintain CQS status. It is open only to members of the Law Society who meet the demanding standards set by the scheme and has the support of the Legal Ombudsman.
Various internet forums that I have come across warn that are a common cause of delay in Henley On Thames house deals. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) released conclusions of research by MoveWithUs that conveyancing searches do not figure within the most frequent causes of delays during the legal transfer of property. Local searches are not likely to be the root cause of slowing down conveyancing in Henley On Thames.
I need to instruct a conveyancing lawyer in Henley On Thames for my house move. Is it possible to check a firm’s record with the profession’s regulator?
Members of the public may search for presented Solicitor Regulator Association (SRA) determinations arising from inquisitions commenced on or after Jan 2008. Visit Check a solicitor's record. For records about the period before 1 January 2008, or to check a solicitors history, ring 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. International callers, use +44 (0)121 329 6800. The SRA could monitor telephone calls for training purposes.
A licensed conveyancer handled my conveyancing in Henley On Thames four years ago and was holding my deeds but has now closed – What steps do I now take to retreive them?
Title deeds, as such, no longer exist as most properties in Henley On Thames are recorded electronically at Land Registry. Should you need to prove evidence of proprietorship or are disposing of or refinancing your lawyer can obtain up to date copies of the register from the Land Registry in any case.
If you feel there may be other documents or you have any other queries please e-mail your request with details of the transaction and documents you need to filerequest@clc-uk.org. The CLC will let you know what information they have and any additional information they may need before they are in a position to identify and send the documents to you. Following an intervention it may take some time for the CLC to access archived files and documents, but your request will be actioned with reasonable haste.