My wife and I swapping mortgage lender for our apartment in Ware with Leeds Building Society. We have a son 19 who lives at home. Our solicitor has asked us to disclose anyone over the age of 17 other than ourselves who lives in the flat. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the property is repossessed. I have two concerns (1) Is this document specific to the Leeds Building Society conveyancing panel as he never had to sign this form when we remortgaged 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 Leeds Building Society. This is solely used to protect Leeds Building Society 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 Leeds Building Society 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.
Do the Building Society Association intend to launch a searchable register to to identify law firms on the Loughborough BS conveyancing panel for example in Ware?
We have not been informed any plans on the part of the BSA to develop such a search facility.
The deeds to my house can not be found. The solicitors who dealt with the conveyancing in Ware 10 years ago are no longer around. What do I do?
You no longer need to have the physical deeds to evidence that you are the owner of your registered land or premises, as the Land Registry have everything they need in a digital format.
As co-executor for the will of my aunt I am selling a house in Swansea but live in Ware. My lawyer (approximately 300 kilometers from merequires that I sign a stat dec prior to completion. Can you recommend a conveyancing practitioner in Ware to witness and place their company stamp on the document?
strictly speaking you should not be required to have the documents witnessed by a conveyancing solicitor. Normally any notary public or solicitor will do regardless of whether they are located in Ware
A conveyancing company acted on my conveyancing in Ware half a dozen years ago having retained my deeds but has now closed – What steps do I now take to retreive these?
Deeds, as such, no longer exist as the majority of homes in Ware are registered digitally at Land Registry. Where you need to establish evidence of proprietorship or are selling or re-mortgaging your conveyancing practitioner should obtain up to date copies of the register from the Land Registry in any case.
If you feel there may be other documents or you have any other queries please e-mail your request with details of the transaction and documents you need to email@example.com. The CLC will let you know what information they have and any additional information they may need before they are in a position to identify and send the documents to you. Following an intervention it may take some time for the CLC to access archived files and documents, but your request will be actioned with reasonable haste.