I am not well enough to travel far from Farnborough. Is there a reason why all Farnborough solicitors aren't automatically on all bank panels?
Mortgage companies highlight the fact that solicitor-led fraud is thought to be responsible for millions of pounds of fraud every year.The dismissal of law firms from lender panels started with the rise in mortgage fraud, which prompted a thematic review by the Financial Services Authority in 2011. Its outcome included recommendations for mortgage companies to review their conveyancing panels, which kicked off a major policy change in the sector. It resulted in banks and building societies removing a number of firms off their panel of approved conveyancing practitioners .
My husband and I swapping mortgage lender for our maisonette in Farnborough with Yorkshire BS. We have a son 18 who lives with us. Our solicitor has asked us to disclose anyone over the age of 17 other than ourselves who lives in the flat. Our lawyer has now e-mailed a document 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 form unique to the Yorkshire BS 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?
First, rest assured that your Yorkshire BS 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 Yorkshire BS. This is solely used to protect Yorkshire BS 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 Yorkshire BS 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.
As I am unsure how the conveyancing bit works what is the most important piece of guidance you can impart concerning purchase conveyancing in Farnborough?
You may not hear this from too many lawyers but conveyancing in Farnborough or throughout Hampshire is often a confrontational process. Put another way, when it comes to conveyancing there is lots of room for friction between you and others involved in the transaction. E.g., the vendor, estate agent and sometimes your bank. Selecting a law firm for your conveyancing in Farnborough is a critical decision as your conveyancer is your adviser, and is the SOLE party in the transaction whose role it is to act in your best interests and to protect you.
There is a definite increase in the "blame" culture- someone has to be blamed for the process being so protracted. We recommend that you should always trust your solicitor ahead of the other parties when it comes to the legal transfer of property.
Should our conveyancer be making enquiries about flooding during the conveyancing in Farnborough.
The risk of flooding is if increasing concern for conveyancers dealing with homes in Farnborough. There are those who acquire a property in Farnborough, completely expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, where a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory insurance cover, or sell the premises. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.
Solicitors are not qualified to give advice on flood risk, but there are a numerous searches that may be initiated by the buyer or on a buyer’s behalf which can give them a better understanding of the risks in Farnborough. The conventional set of property information forms supplied to a buyer’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual inquiry of the owner to discover if the property has historically flooded. In the event that flooding has previously occurred and is not notified by the owner, then a buyer could issue a compensation claim stemming from an inaccurate reply. The buyer’s solicitors will also commission an environmental search. This should reveal whether there is any known flood risk. If so, more detailed inquiries should be made.
Just had an offer accepted on a new build flat in Farnborough. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Here is a sample of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Farnborough
-
Please confirm the Lease plans are surveyor prepared. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Forfeiture - bankruptcy or liquidation must not apply under this provision. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal.