My partner and I intend to remortgage our flat in South East London with Santander. We have a son 18 who lives at home. Our solicitor requested us to identify anyone over the age of 17 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 a couple of questions (1) Is this form unique to the Santander conveyancing panel as he did not need to sign this form when we remortgaged 4 years ago (2) Does our son by signing this giving up his entitlement 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.
Completed the sale of my flat in South East London last January yet the purchaser is SMS messaging daily to moan that her conveyancer needs to hear from mine. What are the post completion sale legalities now that I have sold?
After completion of your house sale your lawyer should deliver the transfer deeds and all supplemental paperwork to the purchaser's conveyancer. Where appropriate, your solicitor must also evidence that the mortgage has been discharged to the buyers conveyancers. There are no post completion requirements unique to conveyancing in South East London.
Just bought a terraced house in South East London , how long will it take for the Land Registry to register my ownership? My South East London conveyancing solicitor has been very slow, so I want to check that my purchase is registered.
As far as conveyancing in South East London is concerned, registration is no faster or slower than anywhere else in the country. Rather than based on location, timescales can differ depending on the party submitting the application, whether it is in order and whether the Land registry communicate with any interested parties. At present approximately three quarters of such applications are fully addressed within two weeks but occasionally there can be extensive delays. Registration is effected once the new owner is living at the property therefore registration formalities is not typically top priority yet where there is a degree of urgency associated with the registration then you or your solicitor should speak with the land registry and explain the circumstances.
I've recently found out that there is a flying freehold element on a house I put an offer in last month in what should have been a quick, chain free conveyancing. South East London is where the house is located. Can you shed any light on this issue?
Flying freeholds in South East London are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside South East London you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in South East London may decide 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.
I am looking for a conveyancing solicitor in South East London for my purchase. Is it possible to review a solicitor's record with the profession’s regulator?
One may see published Solicitor Regulator Association (SRA) determinations resulting from investigations started on or after Jan 2008. Go to Check a solicitor's record. To find details about the period before 1 January 2008, or to check a solicitors record, call 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. International callers, dial +44 (0)121 329 6800. The SRA may monitor telephone calls for training requirements.