My wife and I intend to remortgage our maisonette in Kirkby Stephen with Clydesdale. We have a son 18 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 flat is repossessed. I have a couple of concerns (1) Is this form unique to the Clydesdale conveyancing panel as he never had to sign this form when we purchased 4 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 Clydesdale 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 Clydesdale. This is solely used to protect Clydesdale 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 Clydesdale 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.
My flat in Kirkby Stephen is up for sale and I have accepted an offer. Will my property lawyer need to be required to be on the Lloyds conveyancing panel in order to deal with paying off my mortgage?
Ordinarily, even if your lawyer is not on the Lloyds conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their panel criteria fairly frequently in recent years.
I own a renovated Georgian property in Kirkby Stephen. Conveyancing solicitor represented me and TSB. I did a free Land Registry search last week and there are a couple of entries: one for freehold, another for leasehold under the matching property. I thought I was buying a freehold how can I check?
You should assess the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Kirkby Stephen and other areas of the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with purchasers. You can also question the position with your conveyancing lawyer who conducted the conveyancing.
I was recommended by a number of selling agents in Kirkby Stephen to find a conveyancer using your seach tool. What’s the financial incentive for Estate Agents to promote your services over alternative conveyancing organisations?
We don’t offer any financial incentive for sending work to this site. We found it would be just too difficult a fee as home movers will think, ‘How come the agent getting a kickback? Why aren’t I receiving any benefit too?’ We would prefer to grow our business on genuine recommendations.
I am a couple of weeks into a leasehold purchase having been directed to conveyancers by the estate agent to carry out the conveyancing in Kirkby Stephen. I am am starting to be dissatisfied with the quality of service. Can you you assist me in finding new lawyers?
They would have to be very bad to suggest changing them. Has your loan offer been sent? If so you will need to make them aware of the new contact details and have the mortgage documents are re-sent. Your solicitor ideally needs to be on the lenders panel to avoid added expenses and frustration. So that should be your starting point. The find a solicitor tool should assist you in finding a bank approved solicitor for your conveyancing in Kirkby Stephen
My father completed his conveyancing in Kirkby Stephen 9 years ago. He has got wed, widowed and is now married again. He will be selling the apartment this June. I believe he will simply be requested to provide a copy of his marriage certificates to the lawyer but he is concerned it could delay the home move. Should he instruct a solicitor to update the title documents for the house?
The is no need to bring up to date the title for the property providing you have the proof needed to demonstrate how the change of name has come about.
The purchaser’s property lawyer will examine the title information and ask for evidence to prove the name change e.g. marriage documentation.