My fiance and I intend to remortgage our apartment in Herne Hill with . We have a son 18 who lives with us. Our solicitor requested us to identify 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 property is repossessed. I have a couple of questions (1) Is this form unique to the conveyancing panel as he did not need 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 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 . This is solely used to protect 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 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.
How do I find out if the solicitor handling my conveyancing in Herne Hill is on the bank’sapproved panel? I am looking to avoid the situation of having one lawyer for me and one for thus paying £187.00 plus VAT in additional conveyancing invoice.
Please do take advantage of the find a lender approved solicitor tool on this web page. Please choose the mortgage company and type ‘Herne Hill’ or your preferred area and you will see numerous solicitors located in Herne Hill or nearest you.
I used Arc property Solicitors several years past for my conveyancing in Herne Hill. I now require my file but cannot find the solicitor. What do I do?
Do call the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Herne Hill of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
Due to the encouragement of my in-laws I had a survey completed on a property in Herne Hill in advance of appointing lawyers. I have been advised that there is a flying freehold aspect to the house. My surveyor advised that some lenders will refuse to give a mortgage on this type of house.
It depends who your proposed lender is. HSBC has different instructions from Birmingham Midshires. Should you wish to call us we can check with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Herne Hill. Conveyancing will be smoother if you use a solicitor in Herne Hill especially if they are accustomed to such properties in Herne Hill.
Am I right to be concerned about 3rd parties that I am dealing with are recommending a nationwide conveyancing firm as opposed to a local Herne Hill conveyancing practice?
As is the case with many service providers, often suggestions from connections can be worth their weight in gold. Yet there are lots of players in a conveyancing matter; estate agents, mortgage brokers and lenders may put forward lawyers to appoint. Sometimes these solicitors might be known to one of the organisations as being good in their field, but occasionally there exists a commercial relationship behind the recommendation. You are free to select your preferred conveyancer. Don't forget that some mortgage providers specify a panel list of law firms you must use for the mortgage related work in your conveyancing.