My wife and I are refinancing our maisonette in Rochdale with Bank of Ireland. We have a son approaching twenty who lives with us. Our solicitor has asked us to disclose any adults other than ourselves who reside at the property. Our lawyer has now e-mailed a document 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 Bank of Ireland conveyancing panel as he never had to sign this form when we bought 3 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 Bank of Ireland 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 Bank of Ireland. This is solely used to protect Bank of Ireland 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 Bank of Ireland 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.
I am considering applying for a Yorkshire BS mortgage for purchase of a newly converted (under development) in Rochdale with 70% LTV. Is it compulsory to choose a solicitor on the conveyancing panel for Yorkshire BS ?
There is nothing to stop you using your solicitor, but Yorkshire BS will insist on their interests being represented by a firm on their conveyancing panel. There is much more potential for delays and confusion with an additional lawyer added to the mix, and it will undoubtedly be more expensive too.
Do I find a Licenced Conveyancer or Solicitor for conveyancing in Rochdale?
There are two types of lawyers who can conduct conveyancing in Rochdale namely CLC regulated conveyancers or solicitors. Both professionals administer conveyancing services that you need to complete the sale or purchase of property. They are both duty bound to perform Rochdale conveyancing to the same standards and guidelines so you may be sure that your conveyancing will be properly conducted and that the requisite procedures will be suitably taken.
I am selling my flat. I had a double glazing fitted in July 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Virgin Money are being problematic. The Rochdale solicitor who is on the Virgin Money conveyancing panel is saying indemnity insurance will be fine but Virgin Money are insisting on a building regulation certificate. Why do Virgin Money have a conveyancing panel if they don't accept advice from them?
It is probably the case that Virgin Money have referred the matter to their valuer. The reason why Virgin Money may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
Planning on purchasing a house in Rochdale. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Lender if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the HSBC conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Rochdale conveyancer is on the HSBC conveyancing panel.
Me and my brother have a renovated Georgian house in Rochdale. Conveyancing solicitor represented me and Britannia. I happened to do a free search for it on the Land Registry database and there are a couple of entries: the first freehold, the second leasehold with the exact same address. If a house is not a freehold shouldn't I have been informed?
You need to 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 Rochdale and other areas of the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with buyers. You can also question the situation with your conveyancing practitioner who conducted the conveyancing.
Yesterday I discovered that there is a flying freehold issue on a property I put an offer in a fortnight ago in what should have been a simple, chain free conveyancing. Rochdale is where the house is located. What do you suggest?
Flying freeholds in Rochdale are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Rochdale you must be sure that your lawyer goes through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Rochdale may determine 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.
I have noted on a number of consumer advice websites that when selecting a conveyancing firm they must be approved by your lender. This is my first house move but I have an offer in principle with HSBC and I already have a bricks and morter conveyancing lawyer in Rochdale lined up. Does Virgin Money insist on an approved solicitor to be used? Does a directory of approved conveyancers even exist so I can choose a conveyancing solicitor in Rochdale?
You should instruct a solicitor that is on the Virgin Money panel. Simply telephone your chosen Rochdale conveyancing solicitor to check if they are on the Virgin Money panel. If they are not on the panel you have a number of options open to you here:
- Complete the purchase with your preferred Rochdale property lawyer but Virgin Money will need to appoint a lawyer on their approved list. The net impact is additional cost and likely frustration.
- Choose a fresh conveyancer to conduct the conveyancing, making sure they are on the Virgin Money conveyancing panel.
- Appeal to your conveyancing practitioner to seek to join the lender panel.