My wife and I are refinancing our flat in Wilsden with Yorkshire BS. We have a son 19 who lives with us. Our solicitor has asked us to disclose any adults other than ourselves who reside at the property. Our lawyer has now e-mailed a document for our son to sign, waiving any legal rights in the event that the flat is forfeited by the lender. I have two questions (1) Is this form unique to the Yorkshire BS conveyancing panel as he never had to sign this form when we bought 4 years ago (2) Does our son by signing this compromise his entitlement to inherit the property?
First, rest assured that your Yorkshire BS 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 Yorkshire BS. This is solely used to protect Yorkshire BS 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 Yorkshire BS 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 Wilsden last August but our buyer keeps SMS messaging daily to say their conveyancer is waiting to hear from mylawyer. What should my lawyer have done now that I have sold?
Following your sale your solicitor is obliged to send the transfer deeds and all supplemental paperwork to the purchaser's solicitors. Where appropriate, your conveyancer should also confirm that the mortgage has been repaid to the buyers solicitors. There are no post completion procedures unique to conveyancing in Wilsden.
We are buying a newbuild apartment in Wilsden with a loan from The Mortgage Works.We have a Wilsden conveyancing lawyer but The Mortgage Works informed us he's not on their "panel". we are left little option but to use a The Mortgage Works panel solicitor or retain our high street solicitor and pay for one of their panel ones to act for them. This seems very unfair; is there anything we can do?
No, not really. The mortgage issued to you is subject to its various provisions, a common one being that conveyancers will be on the The Mortgage Works approved list. Until recently, most banks had large numbers of solicitors on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your lawyer to apply to be on the conveyancing panel for The Mortgage Works
Various internet forums that I have visited warn that are the main cause of hinderance in Wilsden conveyancing transactions. Is that correct?
The Council of Property Search Organisations (CoPSO) published findings of research by MoveWithUs that conveyancing searches do not figure amongst the top 10 causes of hindrances in the conveyancing process. Local searches are not likely to feature in any slowing down conveyancing in Wilsden.
The deeds to our home are lost. The conveyancers who dealt with the conveyancing in Wilsden 5 years ago no longer exist. What are my options?
You no longer need to have the physical deeds to evidence that you own the land or premises, given that the Land Registry have everything they need in a digital format.