My wife and I intend to remortgage our maisonette in Eye with Nationwide. We have a son 19 who lives at home. Our solicitor requested us to identify 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, giving up any rights in the event that the apartment is repossessed. I have a couple of concerns (1) Is this document specific to the Nationwide conveyancing panel as he did not need to sign this form when we remortgaged 3 years ago (2) Does our son by signing this giving up his rights 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 Nationwide. This is solely used to protect Nationwide 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 Nationwide 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 I select a Licenced Conveyancer or Solicitor for conveyancing in Eye?
Two types of professional can do conveyancing in Eye namely licenced conveyancers or solicitors. Both professionals handle the legal services that you need to complete the disposal or purchase of property. Both are required to handle Eye conveyancing to the same standards and guidelines so you may be safe in the knowledge that your conveyancing will be professionally administered and that all necessary steps will be correctly followed.
My bid for a property was accepted at auction in Eye. Conveyancing is needed. What are my next steps?
Now that you are to all intents and purposes signed on the dotted line you now have to appoint a conveyancing practitioner as a matter of urgency as you will have a tight a fixed date to complete the property. All auction property will ordinarily have a corresponding auction pack. This should include evidence of title and search results. If you have purchased leasehold property the auction papers should provide a copy of the lease, management information and a sellers leasehold information form and other conveyancing documentation specific to leasehold premises. You need to hand this to the solicitor working for you at the earliest opportunity. Do make sure that your finances are organised to complete the transaction on the set completion date.
Is it correct that all Eye CQS (Conveyancing Quality Scheme) solicitors are on the TSB conveyancing panel?
It is true that some lenders now make use of CQS as the kick off point for Panel approval such as HSBC and Santander. CQS accreditation however is no guarantee to lender panel acceptance. Nevertheless,the CML have indicated that it is likely to become a pre-requisite for solicitors wishing to join their approved list of conveyancing solicitors.
Will our lawyer be making enquiries concerning flooding during the conveyancing in Eye.
The risk of flooding is if increasing concern for conveyancers dealing with homes in Eye. There are those who purchase a property in Eye, completely expectant that at some time, it may be flooded. However, aside from the physical destruction, if a property is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or dispose of the premises. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.
Solicitors are not best placed to give advice on flood risk, however there are a number of searches that may be carried out by the purchaser or by their conveyancers which can give them a better understanding of the risks in Eye. The standard property information forms sent to a purchaser’s solicitor (where the Conveyancing Protocol is adopted) incorporates a standard inquiry of the vendor to determine whether the property has historically flooded. If the residence has been flooded in past and is not notified by the seller, then a buyer could commence a compensation claim as a result of such an inaccurate answer. A purchaser’s solicitors may also order an environmental search. This will reveal if there is any known flood risk. If so, more detailed investigations will need to be carried out.
Despite weeks of looking the Title Certificate and documents to our home can not be found. The solicitors who dealt with the conveyancing in Eye 4 years ago have long since closed. What are my options?
In today’s world there are duplicates made of almost everything, and your conveyancer should be aware exactly where to find all the appropriate documentation so you can purchase or dispose of your property without any difficulty. If copies can’t be found, your solicitor may be able to put in place insurance or indemnities against possible claims on your property.
Is it possible to transfer to a new firm as I have to select a firm on the Santander conveyancing list. I instructed a family conveyancing solicitor in Eye five minutes from me but she is not accepted by Santander
We will our best to assist in finding you a conveyancing solicitor in Eye on the Santander panel. Please note that the property lawyers that we work with do not pay us commission if you instruct them and are fully regulated by the SRA who oversee all conveyancing solicitors in Eye. Using search facility on this page, you can contrast fees for conveyancing solicitors in Eye and throughout England and Wales.