My fiance and I intend to remortgage our flat in St Asaph with RBS. We have a son 18 who lives at home. Our solicitor requested us to identify 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 a couple of concerns (1) Is this document specific to the RBS conveyancing panel as he never had to sign this form when we remortgaged 4 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
On the face of it your lawyer has done nothing wrong 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.
As a first time buyer what is the most important piece of guidance you can impart regarding purchase conveyancing in St Asaph?
You may not hear this from too many lawyers but conveyancing in St Asaph and elsewhere in England and Wales is often a confrontational experience. Put another way, when it comes to conveyancing there exists lots of opportunity for friction between you and others involved in the house moving process. For example, the vendor, estate agent and even potentially your lender. Choosing a law firm for your conveyancing in St Asaph an important selection as your conveyancer is your adviser, and is the ONLY party in the process whose responsibility is to look after your best interests and to protect you.
Sometimes a third party with a vested interest may attempt to persuade you that you should follow their advice. As an example, the selling agent may claim to be assisting by claiming that your solicitor is slow. Or your financial adviser may advise you to do something that is contrary to your conveyancers guidance. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.
When it comes to mortgage companies such as Skipton, do St Asaph solicitors face an annual charge to be on the conveyancing panel?
We are unaware of any bank fees to be on their list of approved firms, although some do levy an administration fee to deal with the processing of the conveyancing panel submission.
Can you point me to a directory of RBS panel solicitors in St Asaph on the Council of Mortgage Lender’s Website?
No. There is no such facility on the CML or Building Society Association sites. Very few lending institutions make their panel listings open the public over the internet. If you are seeking to appoint a St Asaph solicitor on the RBS please use our facility.
I've read lots of mortgage guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local St Asaph solicitor - who is on the Aldermore conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Aldermore will need an independent valuation of the property. Your lawyer will not arrange this. Usually Aldermore will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. Your conveyancing practitioner will not organise the survey but they may be able to put you in touch with a local one that they recommend. RICS offers a find a surveyor service (just google it) where you can search for a qualified surveyor by your St Asaph postcode. As you are getting a mortgage with Aldermore, you could contact them to see if they have a list of approved surveyors in St Asaph.
What will a local search reveal concerning the property we're buying in St Asaph?
St Asaph conveyancing often starts with the applying for local authority searches directly from your local Authority or via a personal search company such as Xpress Legal The local search plays an important role in most St Asaph conveyancing purchase; that is if you wish to avoid any unpleasant surprises after you move into your new home. The search will supply data on, amongst other things, details on planning applications relevant to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen subject areas.
I have recentlydiscovered that Action Conveyancing have closed. They conducted my conveyancing in St Asaph for a purchase of a freehold house 12 months ago. How can I check that my home is not still registered in the name of the former proprietor?
The quickest way to see if the property is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of St Asaph conveyancing specialists.