My fiance and I are refinancing our penthouse in Balsall Heath with Co-operative. 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. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the flat is repossessed. I have a couple of concerns (1) Is this form unique to the Co-operative conveyancing panel as he never had to sign this form when we purchased 3 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 Co-operative. This is solely used to protect Co-operative 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 Co-operative 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 Balsall Heath last May yet the purchaser is texting every few hours complaining that their conveyancer is waiting to hear from mysolicitor. What are the post completion sale formalities now that I have sold?
Following your house sale your lawyer should send the transfer deeds and all of the paperwork to the buyer’s lawyers. Where appropriate, your lawyer should also confirm that the legal charge in favour of the lender has been redeemed to the buyers solicitors. There is unlikely to be post completion procedures unique to conveyancing in Balsall Heath.
Can you clarify what the consequences are if my lawyer’s firm is removed from the Barclays Conveyancing panel ahead of completing my conveyancing in Balsall Heath?
The first thing to point out is that, this is a very rare occurrence. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
I have justbeen informed that Wolstenholmes have been shut down. They carried out my conveyancing in Balsall Heath for a purchase of a leasehold flat 12 months ago. How can I be sure that my home is in my name in the name of the previous owner?
The quickest way to check if the property is in your name, 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 Balsall Heath conveyancing specialists.
Is it best to choose a Balsall Heath conveyancing practitioner who is local to the property I am hoping to buy? We have a good friend who can handle the conveyancing however his firm is located approximately 350kilometers away.
The benefit of a high street Balsall Heath conveyancing firm is that you can pop in to execute paperwork, hand in your ID and pester them where appropriate. They will also have local insight which is a bonus. That being said it's more important to get someone that will pull out all the stops for you. If if people you trust instructed your friend and the majority were happy that should surpass using an unknown Balsall Heath conveyancing lawyer solely due to them being Balsall Heath based.