My wife and I swapping mortgage lender for our maisonette in The Meadows with TSB. We have a son approaching twenty 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 apartment is repossessed. I have two questions (1) Is this form unique to the TSB conveyancing panel as he did not need to sign this form when we bought 4 years ago (2) Does our son by signing this extinguish 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 TSB. This is solely used to protect TSB 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 TSB 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 have recentlydiscovered that Wolstenholmes have been shut down. They carried out my conveyancing in The Meadows for a purchase of a freehold house 18 months ago. How can I check that the property is registered correctly in the name of the previous owner?
The quickest method to check if the premises is registered to you, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of The Meadows conveyancing specialists.
I'm purchasing a new build house in The Meadows with the aid of help to buy. The sellers would not move on the amount so I negotiated 6k of fixtures and fittings instead. The sale representative advised me not inform my conveyancer about this side-deal as it would affect my mortgage with the bank. 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.
Due to the advice of my in-laws I had a survey completed on a house in The Meadows in advance of instructing solicitors. I have been advised that there is a flying freehold overhang to the property. Our surveyor advised that some lenders will refuse to give a mortgage on a flying freehold home.
It depends who your proposed lender is. HSBC has different requirements for example to Birmingham Midshires. Should you wish to call us we can check with 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 The Meadows. Conveyancing may be slightly more expensive based on your lender's requirements.
Am I right to be concerned about brokers that I am dealing with are encouraging me to use a nationwide conveyancing firm rather than a High Street The Meadows conveyancing firm?
As is the case with many service providers, often suggestions from connections can be extremely useful or valuable. But there are lots of people with a keen interest in a conveyancing deal; estate agents, mortgage brokers and lenders might all put forward conveyancers to choose. Sometimes these conveyancers might be known to one of the organisations as experts in their field, but occasionally there behind the scenes commercial relationship behind the recommendation. You are free to choose your preferred lawyer. Don't forget that many banks have an approved list of solicitors you must use for the mortgage aspect of your home move.