I was informed yesterday by my broker that my Sparkhill solicitor is not on the mortgage company Conveyancing panel. What can I do to be sure if this is correct?
The first thing you need to do is to call your Sparkhill conveyancer. It is reasonable to expect your lawyer to inform you of the situation. Where they are not on the panel they could put your in touch with solicitors on the conveyancing panel for your bank.
My fiance and I intend to remortgage our apartment in Sparkhill with RBS. We have a son approaching twenty who lives with us. 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, giving up any rights in the event that the flat is forfeited by the lender. I have a couple of questions (1) Is this document specific to the RBS conveyancing panel as he did not need to sign this form when we bought 3 years ago (2) Does our son by signing this extinguish his rights to inherit the property?
First, rest assured that your RBS 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 RBS. This is solely used to protect RBS 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 RBS 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.
Me and my partner are buying a apartment in Sparkhill. It might be a silly question but how we can trust a conveyancer? On the day of competition we will need to deposit our life savings into their account. What is the protection we have from them run away with our deposit?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
I am helping my step-mother sell her flat in Sparkhill. Will the conveyancer order an energy performance certificate or do I organise this?
After the abolition of HIPs, energy performance certificates remained a mandatory element of selling a property. An energy assessment should be commissioned before the property is placed on the market. This is not as aspect of the sale process that solicitors ordinarily organise. If you are instructing a Sparkhill conveyancing practitioner they might be willing to arrange EPC’s due to their relationships with reputable local assessors
We are purchasing a terrace house in Sparkhill. Our aim is to convert the garage to a playroom at the property.Will legal conveyancing on the property involve enquiries to determine if these alterations are allowed?
Your solicitor should review the registered title as conveyancing in Sparkhill can occasionally reveal restrictions in the title deeds which prohibit categories of alterations or need the permission of another owner. Some additions require local authority planning permissions and approval under the building regulations. Some areas are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. It would be wise to check these issues with a surveyor prior to committing yourself to a purchase.
Due to the guidance of my in-laws I had a survey completed on a house in Sparkhill in advance of instructing lawyers. I have been informed that there is a flying freehold aspect to the house. My surveyor has said that some mortgage companies will refuse to issue a mortgage on this type of premises.
It depends who your proposed lender is. Lloyds has different instructions from Birmingham Midshires. If you call us we can check via the relevant bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Sparkhill. Conveyancing may be slightly more expensive based on your lender's requirements.
I have just started marketing my garden apartment in Sparkhill. Conveyancing has not commenced, however I have recently received a yearly maintenance charge demand – should I leave it to the buyer to sort out?
The sensible thing to do is clear the invoice as usual as all ground rent and maintenance payments will be apportioned as part of the financial calculations for completion monies, so you will be reimbursed by the buyer for the period running from after the completion date to the subsequent invoice date. Most managing agents will not acknowledge the buyer until the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
Sparkhill Leasehold Conveyancing - A selection of Queries Prior to Purchasing
Can you tell me if there are any major works in the near future that will likely increase the maintenance fees? How long is the Lease? It would be wise to discover if the the lease contains any unreasonable restrictions in the lease. For instance it is very common in Sparkhill leases that pets are not allowed in in a block in Sparkhill. If you love the apartmentin Sparkhill yet your cat is not allowed to live with you then you have a very hard compromise.