My husband and I intend to remortgage our flat in Wimbledon with HSBC. We have a son 19 who lives with us. Our solicitor requested us to identify anyone over the age of 17 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 repossessed. I have a couple of questions (1) Is this form unique to the HSBC conveyancing panel as he never had to sign this form when we purchased 4 years ago (2) Does our son by signing this compromise 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 HSBC. This is solely used to protect HSBC 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 HSBC 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 purchasing a garden flat in Wimbledon. Conveyancing solicitors are said to be ‘a necessary evil’ but can I do it myself?
Leaving aside the complexities and merits of DIY conveyancing in Wimbledon you will have to appoint a solicitor on your bank's conveyancing panel to look after their interests. Most people therefore find it easier to let the solicitor act for them and the lender. Furthermore there is minimal cost savings to be made in you doing conveyancing for yourself and another lawyer conducting the conveyancing for the lender. Please feel free to use the search tool to find a lawyer on your lender panel in Wimbledon.
Is it necessary to take out insurance to cover chancel repairs when acquiring a property in Wimbledon?
Unless a prior purchase of the property completed post 12 October 2013 you can take it that conveyancing practitioners conducting conveyancing in Wimbledon to continue to recommend a chancel search and or insurance against a claim.
Despite weeks of looking the Title Certificate and documents to our home can not be found. The conveyancers who did the conveyancing in Wimbledon 5 years ago no longer exist. What are my options?
Gone are the days when you need to hold title original deeds to prove you are the owner of your registered land or property, as the Land Registry have everything they need in a digital format.
My husband and I are one month into a freehold purchase having been referred to solicitors by the estate agent to perform conveyancing in Wimbledon. I am not happy. Could you help me find new lawyers?
They would need to be very bad to suggest diss instructing them. Has the mortgage offer been sent? In the event that it has you need to advise them of the new contact details and get the offer are re-issued. Your new conveyancer needs to be on the lenders approved list to avoid supplemental charges and complications. So that should be your starting point. The search tool can assist you in finding a lender approved lawyer for your conveyancing in Wimbledon
I purchased a flat in Wimbledon last 1/7/2020 and to date it is still not registered with HM Land Registry. It was part of a development site and my lawyer told me that it can take over a year to complete the registration formalities. I have contacted HM Land Registry directly and they have informed me the initial application was cancelled due to failure to reply to requisitions. Should I be concerned?
It is your solicitor that you should contact in order to satisfy any questions which have arisen as part of the registration process for your Wimbledon property. Normal Wimbledon conveyancing practice includes an undertaking on the part of the previous owner’s solicitor that they will assist in resolving any question raised by HMLR so it may be a case of seeking to enforce that undertaking if necessary.