My fiance and I are refinancing our maisonette in Stoke Park with Bank of Ireland. We have a son 18 who lives with us. Our solicitor has asked us to disclose any adults other than ourselves who lives in the flat. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the flat is repossessed. I have two questions (1) Is this form unique to the Bank of Ireland conveyancing panel as he never had to sign this form when we remortgaged 3 years ago (2) Does our son by signing this giving up 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 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.
My grandmother passed away six months ago and as sole heir and executor I was left the house in Stoke Park. The house had a small mortgage left on it of around £4500. I want to transfer the title deeds into my name whilst I re-mortgage to Leeds Building Society, pay off the mortgage. Is this possible?
Given you intend to refinance then Leeds Building Society will require that you use a conveyancer on the Leeds Building Society conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Leeds Building Society conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Leeds Building Society mortgage is registered as a charge at the Land Registry.
I require quick conveyancing in Stoke Park as I am faced with pressure to sign on the dotted line within 4 weeks. A home loan is not required. Is it possible to escape the need for conveyancing searches to save fees and time?
If.Given you are not obtaining a mortgage you are at free not to do searches although no law firm would recommend that you don't. With lots of history conveyancing in Stoke Park the following are instances of what can crop up and therefore affect future mortgageability: Refused Planning Applications, Overdue Charges, Overdue Grants, Unadopted Roads,...
Due to the guidance of my in-laws I had a survey completed on a property in Stoke Park before instructing conveyancers. I have been informed that there is a flying freehold overhang to the house. The surveyor advised that some lenders tend not give a loan on this type of house.
It depends who your proposed lender is. Bank of Scotland has different requirements for example to Birmingham Midshires. Should you wish to call us we can check via the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Stoke Park. Conveyancing will be smoother if you use a solicitor in Stoke Park especially if they are accustomed to such properties in Stoke Park.
Taking into account that I will soon part with hundreds of thousands of pounds on a two bedroom apartment in Stoke Park I would like to talk to a lawyer about myhome move before appointing the firm. Can this be arranged?
This is something that we encourage - it is our preference to talk to you we do not take any clients on without you speaking to the lawyer due to be doing your conveyancing in Stoke Park.There is no ‘factory style conveyancing’ - each client is an important individual, not a file number. The solicitors that we put you in touch with believe that the fees you are provided with for residential conveyancing in Stoke Park should be the amount on the final invoice that you end up paying.
We expect to complete our sale of a £175,000 apartment in Stoke Park in just under a week. The management company has quoted £396 for Certificate of Compliance, building insurance schedule and 3 years service charge statements. Is it legal for a freeholder to charge exorbitant fees for a flat conveyance in Stoke Park?
For the majority of leasehold sales in Stoke Park conveyancing will involve, questions about the management of a building inevitably needing to be answered directly by the freeholder or its agent, this includes :
Completing pre-exchange enquiries
Where consent is required before sale in Stoke Park
Copies of the building insurance and schedule
Deeds of covenant upon sale
Registering of the assignment of the change of lessee after a sale
Leasehold Conveyancing in Stoke Park - Sample of Questions you should ask Prior to buying
Is the freehold reversion owned jointly by the leaseholders? The prefered form of lease structure is a share of the freehold. In this scenario the leaseholders benefit from being in charge if their destiny and notwithstanding that a managing agent is usually employed if the building is bigger than a house conversion, the managing agent acts for the leaseholders themselves. How many of the leaseholders are in arrears for their maintenance charge payments?