My husband and I swapping mortgage lender for our apartment in Burnopfield with Virgin Money. We have a son approaching twenty 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 apartment is forfeited by the lender. I have two concerns (1) Is this form unique to the Virgin Money conveyancing panel as he never had to sign this form when we purchased 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 Virgin Money. This is solely used to protect Virgin Money 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 Virgin Money 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.
My fiance and I intend to purchase a purpose built apartment in Burnopfield with a loan from Alliance & Leicester .We would like to retain our Burnopfield conveyancing lawyer but Alliance & Leicester advised that her practice is not on their "panel". We have to appoint a Alliance & Leicester panel lawyer or retain our local solicitor and fork out for one of their panel ones to act for them. This seems very unfair; is there anything we can do?
No, not really. The mortgage offered to you is subject to its various provisions, one of which will be that lawyers will be on the Alliance & Leicester approved list. in the past, most mortgage companies had large numbers of law firms on their panels: a borrower could find one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your solicitors to apply to be on the conveyancing panel for Alliance & Leicester
My wife and I buying a 3 bedroom semi in Burnopfield. Our aim is to carry out an extension to the side at the house.Will legal investigations on the property include checks to determine if these alterations are permitted?
Your solicitor will check the deeds as conveyancing in Burnopfield can sometimes identify restrictions in the title documents which prohibit certain works or require the permission of a 3rd party. Certain additions need local authority planning permissions and approval under the building regulations. Some locations are designated conservation areas and special planning restrictions apply which often prevent or impact extensions. You should check these things with a surveyor ahead of any purchase.
Is it the case that all Burnopfield solicitor practices on the Co-operative conveyancing panel are overseen by the SRA?
As solicitors, in order to be on the Co-operative approved list of solicitors they would need to be overseen by the SRA. The majority of lenders do allow licenced conveyancers on their panel in which case such firms would be regulated by the CLC.
I have decided to exercise my right to buy my property in Burnopfield off the council. I have a mortgage offer with Aldermore. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Aldermore, you will need to appoint a solicitor on the Aldermore conveyancing panel.
How does conveyancing in Burnopfield differ for new build properties?
Most buyers of new build premises in Burnopfield approach us having been asked by the seller to sign contracts and commit to the purchase even before the residence is constructed. This is because new home sellers in Burnopfield usually buy 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 conveyancers 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 used to new build conveyancing in Burnopfield or who has acted in the same development.
We are 17 days into a freehold purchase having been recommend to conveyancers by the estate agent to perform conveyancing in Burnopfield. I am not happy. Can you you assist me in finding new solicitors?
A lawyer would have to be very bad to suggest replacing them. Has your mortgage been generated? In the event that it has you must make them aware of the new contact details and get the mortgage documents are re-sent. The solicitor ideally needs to be on the lenders approved list to avoid supplemental fees and frustration. That should be your starting point. Our search tool will assist you in finding a lender approved lawyer for your home move in Burnopfield