My husband and I changing mortgage lender for our apartment in Ulverston with Nationwide. We have a son 19 who lives at home. 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 property is forfeited by the lender. I have two concerns (1) Is this document specific to the Nationwide conveyancing panel as he did not need to sign this form when we remortgaged 5 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 Nationwide 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 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.
My grandmother passed away last year and as sole heir and executor I was left the house in Ulverston. The house had a relatively small loan remaining of approximately £4500. I want to transfer the title deeds into my name whilst I re-mortgage to Skipton, pay off the mortgage. Is this allowed?
If you plan to refinance then Skipton will insist on your using a conveyancer on the Skipton 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 Skipton 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 Skipton mortgage is registered as a charge at the Land Registry.
is it true that all Ulverston conveyancing solicitors on the HSBC conveyancing panel are regulated by the Solicitors Regulatory Authority?
As solicitors, in order to be on the HSBC approved list of solicitors they would need to be overseen by the SRA. Some banks do allow licenced conveyancers on their panel in which case such organisation would be governed by the CLC.
We had appointed conveyancers with offices in Ulverston on the Co-operative solicitor panel. They are now charging me a separate sum for dealing with the Co-operative mortgage. Is this an additional conveyancing fee specified by Co-operative?
Provided it is contained in their Terms and Conditions or Quote then yes your property lawyer may charge a fee for this. The charge is not dictated by Co-operative but by your Ulverston conveyancing practitioner. Plenty of firms on the Co-operative panel will levy ’dealing with mortgage’ fee but many practices include it on their overall fee.
I have decided to exercise my right to buy my property in Ulverston off the council. I have a mortgage offer with Principality. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Principality, you will need to appoint a solicitor on the Principality conveyancing panel.
The estate agent has sent us the confirmation of our purchase of a new build flat in Ulverston. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Here are examples of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Ulverston
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The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Forfeiture - bankruptcy or liquidation must not apply under this provision. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified.
I decided to have a survey completed on a house in Ulverston ahead of instructing conveyancers. I have been told that there is a flying freehold overhang to the house. The surveyor advised that some banks will not grant a mortgage on this type of house.
It varies from the lender to lender. Bank of Scotland has different instructions for example to Nationwide. Should you wish to telephone us we can investigate further via the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Ulverston. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Ulverston to see if the conveyancing costs will increase in light of this.
What does commercial conveyancing in Ulverston cover?
Commercial conveyancing in Ulverston covers a broad range of guidance, supplied by regulated solicitors, relating to business premises. By way of example, this area of conveyancing can cover the sale or purchase of freehold business premises or, more commonly, the transfer of existing leases or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial loans and the termination of leases.