My fiance and I are refinancing our apartment in Marlborough with Clydesdale. We have a son 18 who lives at home. Our solicitor has asked us to disclose any adults 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 flat is repossessed. I have two questions (1) Is this form unique to the Clydesdale conveyancing panel as he never had to sign this form when we remortgaged 3 years ago (2) Does our son by signing this giving up his entitlement to inherit the property?
First, rest assured that your Clydesdale 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 Clydesdale. This is solely used to protect Clydesdale 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 Clydesdale 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.
Will my conveyancing lawyers need to check that the building insurance when buying a house in Marlborough. My lender is Bank of Ireland
Bank of Ireland have specific requirements as set out in the UK Finance Lenders’ Handbook. As of 10/2/2019, the requirements read as follows :
My cousin has urged me to appoint his conveyancing solicitors in Marlborough. Should I find my own solicitor?
No doubt the best way to find a conveyancing practitioner is to get referrals from friends or family who have actually used the solicitor that you are considering.
Having checked my lease I have discovered that there are only 62 years unexpired on my lease in Marlborough. I now wish to extend my lease but my landlord is absent. What are my options?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. However, you will be required to demonstrate that you have used your best endeavours to locate the lessor. In some cases an enquiry agent would be useful to try and locate and prepare an expert document to be accepted by the court as evidence that the landlord is indeed missing. It is wise to seek advice from a property lawyer in relation to proving the landlord’s disappearance and the vesting order request to the County Court covering Marlborough.
Marlborough Leasehold Conveyancing - Sample of Queries Prior to buying
What is the the remaining lease term? It would be prudent to investigate if there are any onerous restrictions in the lease. For instance it is very common in Marlborough leases that pets are not permitted in certain buildings in Marlborough. If you love the propertyin Marlborough however your cat can’t move with you then you will be presented with a difficult choice. Best to be warned whether window replacement or some other major work is pending that will be shared between the leaseholders and will dramatically impact the level of the maintenance charges or result in a specific payment.
At last I have had an offer on an flat in Marlborough agreed to, the seller does nevertheless have an associated purchase. The owners have offered on a flat, but it’s not been accepted yet, and has viewings of other apartments in the pipeline. I have selected a local conveyancing lawyer in Marlborough. What should be my next step? When do I get the mortgage application with Lloyds started with Lloyds?
It is understandable to have concerns where there is an associated chain given your reluctance to be too out of pocket prematurely (home loan application is in the region of one thousand pounds, then valuation, Marlborough conveyancing search charges, etc). First, you should check that your solicitor is on the Lloyds approved list. Regarding the next phase this very much depends on the uniqueness of your case, desire for the property and on the state of the market. In a buoyant market many buyers will apply for a home loan with Lloyds and pay for the survey and only if it was satisfactory would they request their lawyer to proceed with searches.