My partner and I intend to remortgage our apartment in Penistone with Lloyds. We have a son approaching twenty who lives at home. Our solicitor has asked us to disclose any adults other than ourselves who reside at the property. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the flat is forfeited by the lender. I have two concerns (1) Is this form unique to the Lloyds conveyancing panel as he did not need to sign this form when we remortgaged 3 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 Lloyds. This is solely used to protect Lloyds 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 Lloyds 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.
Can I be sure that the Penistone conveyancing solicitor on the Aldermore panel is any good?
When it comes to conveyancing in Penistone obtaining recommendations is a good start. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one which is cheap as chips. We would always recommend that you speak with the lawyer conducting your transaction.
We have a mortgage agreed in principle with Yorkshire BS. Penistone conveyancing solicitors were instructed. What is the average time that one could expect to receive a mortgage offer from Yorkshire BS?
There is no definitive answer here. Have Yorkshire BS completed the survey? Have you advised Yorkshire BS as to your lawyers' details and checked that your lawyers are on the Yorkshire BS conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.
I have instructed a Penistone solicitor having made sure that they are on the Clydesdale conveyancing panel. Does my lawyer arrange the survey of the property?
Clydesdale will need an independent valuation of the property. Your lawyer will not arrange this. Usually Clydesdale will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your conveyancer will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your Penistone postcode. As you are getting a mortgage with Clydesdale, you could contact them to see if they have a list of approved surveyors in Penistone.
I am planning on selling our house in Penistone and the buyers lawyers are claiming that there is a possibility that the property was built land that was not decontaminated. A local lawyer would know this is not the case. It does beg the question why the buyers instructed a factory type conveyancing outfit rather than a conveyancing solicitor in Penistone. Having lived in Penistone for many years we know of no issue. Should we get in touch with our local Authority to seek clarification that there is no issue.
It would appear that you have a conveyancing lawyer currently acting for you. What do they say? You should enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same ailment)
I'm buying my first flat in Penistone benefiting from help to buy. The developers would not move on the price so I negotiated five thousand pounds worth of additionals instead. The estate agent suggested that I not reveal to my lawyer about the extras as it would jeopardize my mortgage with Bank of Ireland. Is this normal?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
We are a couple of weeks into a residential purchase having been directed to conveyancers by the local agent to do our conveyancing in Penistone. We are not happy. Can you you assist me in finding new lawyers?
They would need to be very bad in order to consider replacing them. Has your mortgage been issued? If so you need to advise them of the replacement lawyer and ensure the loan are re-issued. The conveyancer should be on the mortgage company approved list to avoid supplemental charges and delays. So that should be your starting point. Our find a solicitor tool can assist you in finding a bank approved solicitor for your home move in Penistone
I need to change lawyers as my Penistone lawyer is not on the mortgage company's panel of conveyancing solicitors. Is it practical to instruct different lawyers?
In the event that you have not formally instructed a solicitor to do anything for you and have just received an estimate as to costs, you're perfectly free to choose a different solicitor to carry out your work for you. The best way is to get recommendations from friends or family who have actually used the solicitor or conveyancer in Penistone that you're considering.