My husband and I are refinancing our apartment in Upton Park with TSB. We have a son 18 who lives at home. Our solicitor has asked us to disclose any adults other than ourselves who reside at the property. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the property is forfeited by the lender. I have two questions (1) Is this document specific to the TSB conveyancing panel as he did not need to sign this form when we purchased 5 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 TSB. This is solely used to protect TSB 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 TSB 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.
Are the BSA intent on creating a online directory to to identify solicitors on the Melton Mowbray Building Society conveyancing panel for example in Upton Park?
We have not been informed any intention on the part of the BSA to promote such a register.
We are purchasing a detached bungalow in Upton Park. We would like to convert the garage to a playroom at the property.Will the conveyancing process include enquiries to see if these works are permitted?
Your solicitor will review the registered title as conveyancing in Upton Park can sometimes identify restrictions in the title documents which restrict categories of works or need the consent of a 3rd party. Certain works require local authority planning consent and approval in accordance building regulations. Some areas are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. It would be wise to check these issues with a surveyor prior to committing yourself to a purchase.
It is unclear whether my lender requires a lease extension. I have called into my local Upton Park building society branch on various occasions and was told it wasn't an issue and they will lend. My Upton Park conveyancing solicitor - who is on the lender conveyancing panel- telephoned to say that they would not lend based on their published requirements. Who do I believe?
Your conveyancing practitioner has to comply with the CML Handbook section two provisions for your bank. Unless your lawyer obtains specific confirmation in writing that the mortgage company will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the lender to contact your lawyer in writing confirming that they will accept the number of years remaining.
I have instructed a Upton Park property lawyer having made sure that they are on the Skipton conveyancing panel. Does my lawyer arrange the survey of the property?
Skipton will need an independent valuation of the property. Your lawyer will not arrange this. Usually Skipton 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 property lawyer 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 Upton Park postcode. As you are getting a mortgage with Skipton, you could contact them to see if they have a list of approved surveyors in Upton Park.
How does conveyancing in Upton Park differ for newly converted properties?
Most buyers of new build property in Upton Park come to us having been asked by the builder to sign contracts and commit to the purchase even before the property is built. This is because developers in Upton Park typically acquire the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Upton Park or who has acted in the same development.
How do I locate a Upton Park solicitor on the Yorkshire Building Society conveyancing panel? I am a keen cyclist and am happy to travel upto 20miles to meet the lawyer.
You can use the search on this page. Please select a mortgage company and your location and you will see a number of Upton Park conveyancing lawyers locally. We have detailed some Upton Park conveyancing firms towards the end of this page and you can ring them to check if they are on the Yorkshire Building Society approved list