My partner and I intend to remortgage our maisonette in Mortlake with Co-operative. We have a son 18 who lives with us. Our solicitor has asked us to disclose any adults other than ourselves who reside at the property. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the property is forfeited by the lender. I have two questions (1) Is this form unique to the Co-operative conveyancing panel as he did not need to sign this form when we bought 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 Co-operative 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 Co-operative. This is solely used to protect Co-operative 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 Co-operative 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.
Is there a reason why leasehold purchase conveyancing in Mortlake is more expensive?
Mortlake leasehold conveyancing transactions usually involve additional investigations than freeholds including investigating the Lease, liaising with the Landlord such as serving relevant notices on the Landlord or managing agent, obtaining up-to-date service charge and management information, obtaining Landlord’s consents and reviewing management accounts and formation documents.
I've recently found out that there is a flying freehold element on a house I put an offer in two weeks back in what should have been a simple, chain free conveyancing. Mortlake is the location of the property. Can you offer any advice?
Flying freeholds in Mortlake are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Mortlake you would need to get your solicitor to go 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 Mortlake may ascertain 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 property.
Is it possible to change solicitor as I need to find one who is on the Chelsea Building Society conveyancing panel. I instructed a local conveyancing solicitor in Mortlake five minutes from me but the firm is not approved by Chelsea Building Society
We will our best to assist in finding you a conveyancing solicitor in Mortlake on the Chelsea Building Society panel. Please note that the property lawyers that we work with do not pay us fee if you instruct them and are registered with the SRA who regulate all conveyancing solicitors in Mortlake. In utilising the find a conveyancing solicitor tool on this site, you can compare and instruct different solicitors and conveyancers both nationally and in Mortlake.
My wife and I about to exchange buying a property in Mortlake but as a consequence of wreckage from the recent storms I have agreed reparation from the vendor of £3k taking the form of a adjustment in the price. I had intended this to be dealt with as part of the conveyancing process however my bank will not agree to this. Should they have been informed?
Any property lawyer being on the mortgage company approved list is required to disclose to the mortgage company of any amendments to the purchase figure. If you prohibit your conveyancer to notify the reduction to your bank then they would have to discontinue acting for you and the mortgage company.