My fiance and I intend to remortgage our penthouse in Fitzrovia with . We have a son 19 who lives with us. Our solicitor has asked us to disclose any adults other than ourselves who reside at the property. The solicitor has now sent a form for our son to sign, giving up any rights in the event that the apartment is forfeited by the lender. I have a couple of concerns (1) Is this document specific to the conveyancing panel as he never had to sign this form when we purchased 3 years ago (2) Does our son by signing this compromise his entitlement to inherit the property?
First, rest assured that your 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 . This is solely used to protect 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 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.
It is 10 years ago since I acquired my house in Fitzrovia. Conveyancing solicitors have now been retained on the sale but I can't locate my title deeds. Is this a problem?
Don’t worry too much. First there is a possibility that the deeds will be kept by your mortgage company or they may still be with the conveyancers who oversaw the purchase. Secondly the likelihood is that the property will be registered at the land registry and you will be able to establish that you are the registered owner by your conveyancing solicitors acquiring current official copies of the land registers. The vast majority of conveyancing in Fitzrovia relates to registered property but in the rare situation where your property is unregistered it is more of a problem but is resolvable.
What is the difference between a licensed conveyancer and conveyancing solicitor in Fitzrovia
There are many recorded licenced Conveyancers in Fitzrovia and Solicitor partnerships in Fitzrovia offering conveyancing It is important to make clear that both are regulated professionals specialising in the legal work in the home buying process. They may both also deal with other property legal work such as remortgage conveyancing, enfranchisement and transfer of equity conveyancing.
Is it correct that all Fitzrovia CQS (Conveyancing Quality Scheme) solicitors are on the conveyancing panel?
It is true that some banks and building societies now utilise CQS as the kick off point for Panel membership such as HSBC and Santander. The Law Society’s CQS membership however gives no guarantee to lender panel acceptance. Nevertheless,the CML have indicated that it is likely to become a pre-requisite for solicitors wishing to join their approved list of firms.
I can not fathom if my lender requires a lease extension. I have called my Fitzrovia bank branch on numerous occasions and was told it does not impact the mortgage offer and they would lend. My Fitzrovia conveyancing solicitor - who is on the lender conveyancing panel- telephoned and was told they refuse to lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?
Your must comply with the Council of Mortgage Lenders’ Handbook Part 2 requirements for your bank. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years remaining.
I need to appoint a conveyancing solicitor for remortgage conveyancing in Fitzrovia. I've land on a web site which seems to have the ideal offering If it is possible to get all formalities completed via web that would be ideal. Should I be concerned? What should out be looking out for?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?
Why is New Build conveyancing in Fitzrovia more expensive?
Conveyancing in Fitzrovia for newly converted or new build premises often involve adoption of highways & drains, building regulations approval, planning permission, new build warranties such NHBC as well as supplemental queries and contractual considerations.