My wife and I intend to remortgage our penthouse in Polesworth with Leeds Building Society. We have a son approaching twenty who lives at home. Our solicitor requested us to identify anyone over the age of 17 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 apartment is forfeited by the lender. I have two questions (1) Is this document specific to the Leeds Building Society 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 Leeds Building Society. This is solely used to protect Leeds Building Society 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 Leeds Building Society 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.
Completed the sale of my flat in Polesworth last July yet the purchaser is e-mailing every few hours to say her solicitor is waiting to hear from mine. What should have happened following completion?
Following your house sale your conveyancer is committed to forward the transfer documentation and all supplemental paperwork to the purchaser's lawyers. Where appropriate, your lawyer must also confirm that the legal charge in favour of the lender has been redeemed to the buyers lawyers. There is unlikely to be post completion formalities just for conveyancing in Polesworth.
My partner and I are close to exchanging contracts on the sale of our home in Polesworth and according to the buyers it appears that there is a risk of it being constructed on contaminated land. A high street Polesworth lawyer would know that there is no such problem. For the life of me I don't know why the buyers used a web based conveyancing outfit as opposed to a conveyancing solicitor in Polesworth. We have lived in Polesworth for three years we know that this is a non issue. Should we contact our local Authority to obtain clarification that there is no issue.
It would appear that you have a conveyancing solicitor already. What do they say? You should check with 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 illness)
I've recently found out that there is a flying freehold issue on a house I have offered on a fortnight ago in what should have been a quick, chain free conveyancing. Polesworth is where the house is located. Can you offer any guidance?
Flying freeholds in Polesworth are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Polesworth you must be sure that your lawyer goes through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Polesworth may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
How do I use your search facility to locate a conveyancing practitioner in Polesworth on the approved list for my mortgage?
First choose a lender such as HSBC Bank, Virgin Money or Bank of Ireland then choose your preferred area for instance Polesworth. Conveyancing firms in Polesworth and beyond will then be identified.
What can I do where I am dissatisfied with the lawyer who carried out our conveyancing in Polesworth?
Occasionally the level of service you receive is not as you expect, and is is a fact of life that sometimes matters do not go as planned. However there is recourse where you were dissatisfied with your conveyancing in Polesworth. This varies from trying to resolve matters directly with them, through to reporting a lawyer to their governing body. If you remain dissatisfied you may consider getting in touch with the Legal Ombudsman.