My fiance and I swapping mortgage lender for our flat in Haxby with Aldermore. We have a son 19 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. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the apartment is repossessed. I have two concerns (1) Is this document specific to the Aldermore conveyancing panel as he never had to sign this form when we remortgaged 4 years ago (2) Does our son by signing this giving up his rights 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 Aldermore. This is solely used to protect Aldermore 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 Aldermore 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.
Are the BSA intent on creating a online directory to list law firms on the Loughborough BS conveyancing panel for example in Haxby?
We would not expect to be advised of any plans on the part of the BSA to develop such a search facility.
I am helping my sister sell her flat in Haxby. Does the conveyancer commission the EPC or do I organise this?
Following the demise of Home Information Packs, EPC’s became a compulsory component of moving house. An energy performance certificate must be commissioned prior to the property being marketed. This is not something that solicitors normally organise. Where you are instructing a Haxby conveyancing practitioner they might help arrange energy assessments due to their relationships with long established local accredited person
is it true that all Haxby solicitors on the Nationwide conveyancing panel are governed by the SRA?
As a firm of solicitors, in order to be on the Nationwide approved list of solicitors they would need to be regulated by the SRA. Many banks do list licenced conveyancers on their panel and in such a situation the firms would be governed by the Council of Licensed Conveyancers.
Can I be sure that the Haxby conveyancing solicitor on the Barclays panel is any good?
When it comes to conveyancing in Haxby obtaining recommendations is a sensible starting point. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one which is cheap as chips. We would always advocate that you speak with the solicitor carrying out your transaction.
Yesterday I discovered that there is a flying freehold element on a property I put an offer in last month in what should have been a straight forward, chain free conveyancing. Haxby is where the house is located. Can you shed any light on this issue?
Flying freeholds in Haxby are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Haxby you must be sure that your lawyer goes through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Haxby may decide 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 premises.
Should I instruct a Haxby conveyancing practitioner who is local to the property I am buying? We have a good friend who can execute the conveyancing however her office is approximately 350kilometers away.
The primary upside of using a high street Haxby conveyancing practice is that you can attend the office to execute paperwork, present your ID and apply pressure on them if necessary. Having local Haxby know how is a benefit. That being said it's more important to get someone that will do a good and efficient job. If other friends have used your friend and they were happy that must trump using an unfamiliar Haxby conveyancing lawyer solely due to them being Haxby based.