My partner and I changing mortgage lender for our apartment in Lewes with Skipton. We have a son 19 who lives with us. Our solicitor has asked us to disclose any adults other than ourselves who reside at the property. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the property is repossessed. I have two questions (1) Is this form unique to the Skipton conveyancing panel as he did not need to sign this form when we bought 5 years ago (2) Does our son by signing this giving up his rights to inherit the property?
First, rest assured that your Skipton 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 Skipton. This is solely used to protect Skipton 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 Skipton 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.
Can you point me to a directory of Skipton panel conveyancers in Lewes on the Building Society Association’s Website?
No. There is no such directory service on the CML or Building Society Association sites. A small selection of lending institutions make their panel listings available over the internet. If you are in need of a Lewes solicitor on the Skipton please make the most of our facility.
It is not clear whether my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Lewes building society branch on a couple of occasions and was told they are content with the situation and they will lend. My Lewes conveyancing solicitor - who is on the mortgage company conveyancing panel- telephoned to say that they will not lend based on their specific requirements. Who do I believe?
Provided that the solicitor is on the mortgage company panel, she or he must adhere to the CML Handbook requirements for the lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years remaining.
After months of negotiation I have agreed a price on a house in Lewes. My financial adviser suggested a conveyancer. I paid an upfront payment of £150. A few days later, the solicitor called me embarrassingly acknowledging that they were not on the Co-operative 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 Co-operative 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.
Me and my brother have a 4 bedroom Victorian property in Lewes. Conveyancing practitioner acted for me and Barclays . I happened to do a free search for it on the Land Registry database and there are two entries: one for freehold, another for leasehold under the matching property. Is it worth asking Barclays to clarify?
You need to review the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Lewes and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with buyers. You can also enquire as to the position with the conveyancing lawyer who carried out the work.
I've recently found out that there is a flying freehold issue on a house I put an offer in a fortnight ago in what was supposed to be a simple, chain free conveyancing. Lewes is where the house is located. Is there any guidance you can give?
Flying freeholds in Lewes are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Lewes you must be sure that your lawyer goes through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Lewes may determine 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.
My husband and I accepted an offer on a Lewes flat we inherited 8 years ago in 2009. I have over a decades worth of conveyancing knowledge and, although retired, intend to carry out my own conveyancing. The buyer's lawyer has informed me that their building society will not allow us to do our own conveyancing insisting the funds to be transferred to a solicitor's bank account.
Mortgage requirements to conveyancing practitioners from all mainstream lenders state that If the vendor is not legally represented the purchaser’s lawyers should check whether the mortgage company needs to be informed so that a decision can be reached as to whether they are prepared to proceed.