My fiance and I intend to remortgage our apartment in Haslemere with . We have a son 18 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 a couple of concerns (1) Is this document specific to the conveyancing panel as he did not need to sign this form when we remortgaged 4 years ago (2) In signing this form is our son in any way compromising his right 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 . 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.
What is the best way to investigate if the solicitor carrying out my conveyancing in Haslemere is on the mortgage lender’sconveyancing panel? I am looking to avoid the situation of having one lawyer for me and one for thus spending £187.00 plus VAT in another set of legal invoice.
Please do take advantage of the search tool on this site. Pick the lender and type ‘Haslemere’ or your location and you will discover a number of lawyer offices in Haslemere or by proximity to you.
I am selling our property in Haslemere and according to the buyers it appears that there is a risk of it being constructed on contaminated land. A high street Haslemere conveyancer would know that there is no such problem. It does beg the question why the purchasers instructed a web based conveyancing firm rather than a conveyancing solicitor in Haslemere. We have lived in Haslemere for 5 years we know that this is a non issue. Is it a good idea to contact our local Authority to obtain clarification need.
It sounds as though you may have a conveyancing solicitor already. What do they say? You should enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same ailment)
How does conveyancing in Haslemere differ for new build properties?
Most buyers of new build property in Haslemere contact us having been asked by the housebuilder to sign contracts and commit to the purchase even before the property is completed. This is because developers in Haslemere tend to acquire the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Haslemere or who has acted in the same development.
I decided to have a survey completed on a property in Haslemere prior to instructing lawyers. I have been informed that there is a flying freehold aspect to the house. My surveyor advised that some lenders will not give a loan on a flying freehold house.
It varies from the lender to lender. Lloyds has different requirements for example to Nationwide. Should you wish to telephone us we can check with the appropriate bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Haslemere. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Haslemere to see if the conveyancing will be more expensive.