My partner and I swapping mortgage lender for our flat in Tibshelf with Skipton. We have a son approaching twenty who lives with us. Our solicitor requested us to identify 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, giving up any rights in the event that the apartment is forfeited by the lender. I have two concerns (1) Is this form unique to the Skipton conveyancing panel as he did not need to sign this form when we bought 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 Skipton. This is solely used to protect Skipton 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 Skipton 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.
Having sold my house in Tibshelf last August yet the purchaser is SMS messaging daily complaining that their lawyer needs to hear from mylawyer. What are the post completion sale legalities following completion?
After completion of your sale your lawyer is duty bound to forward the transfer documentation and all supplemental paperwork to the purchaser's lawyers. If applicable, your lawyer must also send confirmation that the home loan has been repaid to the buyers lawyers. There are no post completion requirements specific conveyancing in Tibshelf.
Do I choose a Licenced Conveyancer or Solicitor for conveyancing in Tibshelf?
Two types of professional can execute conveyancing in Tibshelf namely licenced conveyancers or solicitors. The two can provide the legal services that you need to complete the disposal or purchase of property. Both are obliged to execute Tibshelf conveyancing on similar standards and guidelines so you can be sure that your conveyancing will be properly administered and that the requisite procedures will be suitably adhered to.
The mortgage over my property is with Aldermore for my property in Tibshelf. Conveyancing has been completed a year ago. Should I wish to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a buy-to-let mortgage or inform Aldermore?
You must advise Aldermore prior to renting your property as this is likely to be a breach of Aldermore’s mortgage conditions. It may be that Aldermore will allow you to rent out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Aldermore directly. You need not do this via a Aldermore conveyancing panel firm.
My sealed bid on a detached house in Tibshelf has been accepted, the owners do however have a dependent purchase. The owners have placed an offer on on an apartment, however it’s not yet tied up, and are looking at other flats booked. I have chosen a nearby conveyancing solicitor in Tibshelf. What should be my next step? When do I get the mortgage application with Nationwide started?
It is normal to have apprehensions where there is a chain as you are unlikely to want to incur costs too early (mortgage application is in the region of £1k, then survey, Tibshelf conveyancing search costs, etc). First, you should ensure that your lawyer is on the Nationwide conveyancing panel. As to the subsequent steps this very much dictated by the uniqueness of your transaction, motivation for this property and on the state of the market. During a buoyant market some home buyers would apply for a home loan with Nationwide and pay for the valuation and only if it was satisfactory would they pay their solicitor to proceed with searches.
I used Arc property Solicitors a few years past for my conveyancing in Tibshelf. I now require my papers but cannot find the solicitor. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Tibshelf of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I am an executor of my recently deceased aunt’s Will, with a bungalow in Tibshelf which is to be marketed. The house has never been registered at the Land Registry and I'm advised that some buyers solicitors will insist that it is in place before they'll proceed. What's the mechanism for this?
In the situation you refer to it seems sensible to seek to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. The Land Registry’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and certified copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.