My partner and I intend to remortgage our penthouse in Radstock 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, giving up any rights in the event that the flat is repossessed. I have a couple of concerns (1) Is this document specific to the Leeds Building Society conveyancing panel as he did not need 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 Leeds Building Society 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 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.
It is is a decade since I acquired my property in Radstock. Conveyancing solicitors have recently been retained on the sale but I am unable to find the deeds. Will this jeopardise the sale?
Don’t worry too much. First there is a possibility that the deeds will be kept by your mortgage company or they could be in the possession of the solicitor who handled the purchase. Secondly in all probability 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 solicitors acquiring up to date copy of the land registers. Almost all conveyancing in Radstock involves registered property but in the unlikely event that your home is unregistered it adds to the complexity but is resolvable.
I have been referred to a conveyancing solicitor in Radstock. I need to find out if they are accepted on the Clydesdale conveyancing panel. Can you help?
You should call your lawyer and ask them if they can act for the bank. Alternatively you can get in touch with Clydesdale who may be able to confirm.
My wife and I are in the throws of viewing flats in Radstock and I am now considering a potential offer. Is it sensible to have my solicitor on ‘stand by’? I will be getting a mortgage with Clydesdale.
It would be advisable to commence your search sooner rather than later. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and forward their details on to the selling agent. As you are obtaining a mortgage with Clydesdale, make sure you remember to check that your lawyer is on the Clydesdale conveyancing panel.
After months of negotiation I have agreed a price on a house in Radstock. My mortgage broker recommended their conveyancers. I paid an upfront payment of £150. A couple of days later, the conveyancing practitioner called me sheepishly admitting that they were not on the Leeds Building Society conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Leeds Building Society panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I was told four weeks ago that my mortgage has been agreed to by Yorkshire BS. Is it usual for Yorkshire BS to only issue the offer once my solicitor in Radstock is approved on their conveyancing panel? Yorkshire BS have asked my solicitor to see a copy of their PI Insurance.
A lender would not issue a mortgage until they have details of a lawyer on their panel. It can take a few weeks for Yorkshire BS to deal with your lawyer's application to be on the Yorkshire BS conveyancing panel. There's no guarantee that your solicitor will be accepted.
Is it necessary to take out insurance to protect me from financial exposure to chancel repairs when buying a property in Radstock?
Unless a previous acquisition of the premises completed post 12 October 2013 you may expect conveyancing practitioners conducting conveyancing in Radstock to remain encouraging a chancel search and or insurance against a claim.
As co-executor for the will of my grandmother I am disposing of a house in Cardiff but I am based in Radstock. My conveyancer (who is 235 kilometers awayhas requested that I execute a stat dec prior to completion. Can you recommend a conveyancing solicitor in Radstock who can attest and place their company stamp on the document?
Technically speaking you are unlikely to be required to have the documents witnessed by a conveyancing solicitor. Normally any notary public or solicitor will suffice regardless of whether they are based in Radstock