My fiance and I swapping mortgage lender for our penthouse in Stamford Hill with Nationwide. 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 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 a couple of concerns (1) Is this document specific to the Nationwide conveyancing panel as he never had to sign this form when we bought 5 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 Nationwide. This is solely used to protect Nationwide 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 Nationwide 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.
Why do I have to pay up front when it comes to conveyancing in Stamford Hill?
If you are buying a property in Stamford Hill your lawyer will request that you to provide them with funds to cover the the cost of the conveyancing searches. Generally this is requested to cover the fees of the Local Authority Search. When the down payment is as part of the total price then this will be needed immediately in advance of contracts are exchanged. The closing balance that is due will be payable shortly before completion.
We are buying a terrace house in Stamford Hill. We would like to carry out an extension to the side at the property.Will legal due diligence on the property include checks to ascertain if these works are prohibited?
Your conveyancer should review the registered title as conveyancing in Stamford Hill will occasionally reveal restrictions in the title documents which prohibit categories of alterations or need the consent of another owner. Many extensions call for local authority planning consent and approval in accordance building regulations. Certain areas are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. It would be sensible to check these things with a surveyor before you commit yourself to a purchase.
I happen to be the only beneficiary of my late father’s will with all property in now in my sole name, including the my former home in Stamford Hill. Conveyancing formalities meant that the Land Registry date was in April. I now wish to sell up. I understand that there is a Mortgage Lenders six month 'rule', which means that my proprietorship could be treated the same way as though I had purchased the house in April. Do I have to wait half a year to sell?
The Council of Mortgage Lenders’ handbook requires solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you might be impacted by that. many lenders would take a sensible view as this obligation chiefly exists to capture subsales or the wholesaling and assigning of properties.
I am buying a property in Stamford Hill. One unusual aspect is that the roof has a solar panel. RBS have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
As your lender is RBS your lawyer must follow the formal instructions outlined in Section 2 of UK Finance Lenders’ Handbook for RBS. The CML Handbook includes minimum provisions for solar panel roof-space leases, and lawyers are required to report to RBS where a lease fails to satisfy these provisions. The provisions relate to the installation of panels on properties nationwide and is not restricted to Stamford Hill.
I am planning on selling our house in Stamford Hill and the buyers lawyers are claiming that there is a risk of it being constructed on contaminated land. A local lawyer would know that there is no such problem. For the life of me I don't know why the buyers instructed an internet conveyancing practice as opposed to a conveyancing solicitor in Stamford Hill. We have lived in Stamford Hill for three years we know of no issue. Is it a good idea to contact our local Authority to obtain confirmation that there is no issue.
It sounds as though you may have a conveyancing lawyer 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 life insurance to cover that same sickness)
I'm buying a new build house in Stamford Hill benefiting from help to buy. The builders would not budge the price so I negotiated five thousand pounds worth of fixtures and fittings instead. The estate agent told me not disclose to my solicitor about this deal as it could put at risk my loan with the lender. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the builder 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.
I decided to have a survey done on a house in Stamford Hill in advance of appointing lawyers. I have been told that there is a flying freehold aspect to the property. Our surveyor advised that some lenders will not grant a mortgage on a flying freehold house.
It varies from the lender to lender. Santander has different requirements from Halifax. If you call us we can look into this further with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Stamford Hill. Conveyancing may be slightly more expensive based on your lender's requirements.