My husband and I are purchasing a 2 bedroom flat in Poppleton and Bishopthorpe with a mortgage. We would like to retain our Poppleton and Bishopthorpe solicitor, but the lender says she’s not on their "panel". We have to appoint one of the bank panel firms or keep our Poppleton and Bishopthorpe property lawyer and pay for one of their panel lawyers to represent them. We regard this is inequitable; are we not able to demand that the lender use our Poppleton and Bishopthorpe conveyancing practitioner ?
No, not really. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your Poppleton and Bishopthorpe conveyancing solicitor to apply to be on the conveyancing panel.
My fiance and I intend to remortgage our apartment in Poppleton and Bishopthorpe with Clydesdale. We have a son 18 who lives at home. Our solicitor has asked us to disclose anyone over the age of 17 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 property is repossessed. I have two concerns (1) Is this document specific to the Clydesdale conveyancing panel as he did not need to sign this form when we purchased 4 years ago (2) Does our son by signing this extinguish his rights to inherit the property?
First, rest assured that your Clydesdale 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 Clydesdale. This is solely used to protect Clydesdale 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 Clydesdale 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.
Can you explain why leasehold purchase conveyancing in Poppleton and Bishopthorpe costs more?
In short, leasehold conveyancing in Poppleton and Bishopthorpe and East Yorkshire usually requires more hours of investigation compared to freehold transactions. This includes checking the lease terms, corresponding with the landlord about the service of applicable notices, procuring up-to-date service charge and management information, obtaining the freeholder’s consents and reviewing management accounts. The obligations on both the landlord and the tenant in the lease need to be studied by the buyer’s conveyancing team and read from beginning to end – regardless of the fact the lease has passed through many different property solicitors hands since it was first granted.
When scouring mumsnet.com for an affordable solicitor in Poppleton and Bishopthorpe, most post that I must instruct a CQS assured solicitor. Can you explain what CQS is?
The Conveyancing Quality Scheme (CQS) provides a recognised quality standard for residential conveyancing practices issued by the Law Society. Membership achievement establishes a level of credibility for member firms with stakeholders (regulators, lenders, insurers and consumers) based upon: * the integrity of the senior responsible officer and other key conveyancing staff * the firm's adherence to good practice management standards * adherence to best practice conveyancing procedures through the scheme protocol Membership covers numerous partnerships who perform conveyancing in Poppleton and Bishopthorpe.
I note that there are debates on Chancel Insurance on online forums. Am I compelled to take this when acquiring a house in Poppleton and Bishopthorpe? or I am told that there is a law dating back centuries that could mean that owners of property living in a parish church boundary will be compelled to contribute towards maintenance to the chancel within the church. Is this a legitimate concern for conveyancing in Poppleton and Bishopthorpe?
Unless a prior acquisition of the house completed post 12 October 2013 you could expect solicitors handling conveyancing in Poppleton and Bishopthorpe to remain recommending a chancel search and or chancel repair liability insurance.