My partner and I intend to remortgage our apartment in Heckington with Santander. We have a son approaching twenty 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. The solicitor has now sent a form for our son to sign, giving up any rights in the event that the flat is repossessed. I have two concerns (1) Is this form unique to the Santander conveyancing panel as he never had to sign this form when we remortgaged 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 Santander 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 Santander. This is solely used to protect Santander 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 Santander 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 someone with no idea as to conveyancing in Heckington what is the number one tip you can impart concerning the house moving process in Heckington
You may not hear this from too many lawyers but conveyancing in Heckington or throughout England and Wales is an adversarial experience. Put another way, when it comes to conveyancing there exists an abundance of room for confrontation between you and other parties involved in the transaction. For example, the seller, estate agent and even potentially the bank. Appointing a lawyer for your conveyancing in Heckington an important selection as your conveyancer is your adviser, and is the ONE party in the legal process whose interest is to protect your legal interests and to keep you safe.
Sometimes a potential adversary may try and persuade you that you should follow their advice. For example, the selling agent may claim to be assisting by suggesting your lawyer is wrong. Or your financial adviser may advise you to do take action that is against your solicitors advice. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.
Our bank has suggested solicitors on their panel based in Heckington but I would rather choose a conveyancing lawyer in Heckington round the corner to me. Are you able to assist?
The minority of Heckington conveyancing practices are approved and listed on all banks conveyancing panel. Use our search tool to identify a Heckington conveyancing conveyancer on the on the lender panel.
My father pointed out to me me that in purchasing a property in Heckington there may be a number of restrictions affecting the ability to carry out external changes to a property. Is this right?
We are aware of anumerous of properties in Heckington which have some sort of restriction or requirement of consent to external alterations. Part of the conveyancing in Heckington should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I recently had an offer accepted on an apartment in Heckington. My financial adviser recommended their conveyancers. I paid an advanced payment of £225. A few days later, the solicitor contacted me to say that they were not on the Kent Reliance conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Kent Reliance panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I am due to exchange contracts on my apartment. I had a double glazing fitted in December 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, Nationwide are being a right pain. The Heckington solicitor who is on the Nationwide conveyancing panel is happy to accept ‘lack of building regulation’ insurance but Nationwide are requiring a building regulation certificate. Why do Nationwide have a conveyancing panel if they don't accept advice from them?
It is probably the case that Nationwide have referred the matter to their valuer. The reason why Nationwide may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
I only have 62 years remaining on my lease in Heckington. I now want to get lease extension but my freeholder is missing. What should I do?
If you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be extended by the magistrate. However, you will be required to demonstrate that you have made all reasonable attempts to find the freeholder. For most situations an enquiry agent may be helpful to conduct investigations and to produce an expert document which can be accepted by the court as evidence that the landlord is indeed missing. It is advisable to get professional help from a solicitor both on proving the landlord’s disappearance and the application to the County Court covering Heckington.
Leasehold Conveyancing in Heckington - Sample of Queries before Purchasing
Best to be warned if fixing the lift or some other major work is pending to be shared by the leaseholders and will materially increase the the maintenance charges or necessitate a specific payment. Its a good idea to find out as much as possible regarding the company managing the building as they can either make living at the property much simpler or uncomfortable. As the owner of a leasehold property you are often at the mercy of the managing agents both financially and when it comes to daily issues such as the upkeep of the communal areas. Enquire of other people if they are happy with them. On a final note, be sure you understand the dates that you are obliged pay the service charge to the managing agents and specifically how they are spending the funds. Does the lease have more than 80 years remaining?