My wife and I intend to remortgage our maisonette in Brigg with HSBC. We have a son 18 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 property is repossessed. I have a couple of questions (1) Is this form unique to the HSBC conveyancing panel as he did not need to sign this form when we purchased 4 years ago (2) Does our son by signing this giving up his entitlement to inherit the property?
First, rest assured that your HSBC 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 HSBC. This is solely used to protect HSBC 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 HSBC 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.
Do the Building Society Association intend to launch a online directory to to identify practices on the Melton Mowbray Building Society conveyancing panel for example in Brigg?
We have not been informed any plans on the part of the BSA to develop such a search facility.
I am purchasing a new build house in Brigg with a mortgage from Birmingham Midshires. The builders refused to reduce the price so I negotiated £7000 of fixtures and fittings instead. The property agent advised me not disclose to my conveyancer about this deal as it will affect my mortgage with Birmingham Midshires. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the developer 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.
I've recently found out that there is a flying freehold issue on a house I put an offer in a fortnight ago in what should have been a quick, no chain conveyancing. Brigg is the location of the property. What do you suggest?
Flying freeholds in Brigg are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Brigg you would need to get your solicitor to go through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Brigg may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
Do I stop my mortgage payments with Clydesdale as soon as a completion date for my home sale in Brigg has been agreed?
No, you must maintain meeting any mortgage sums to Clydesdale until the mortgage is paid off from the proceeds of sale as part of your Brigg conveyancing.