My partner and I intend to remortgage our flat in Newcastle under Lyme with Nationwide. We have a son 18 who lives with us. 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 flat 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 bought 5 years ago (2) Does our son by signing this extinguish his entitlement 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.
Completed the sale of my flat in Newcastle under Lyme last February but our buyer keeps telephoning daily to moan that her solicitor is waiting to hear from mine. What are the post completion sale formalities now that I have sold?
Following your disposal your solicitor should send the transfer deeds and all of the paperwork to the buyer’s conveyancer. Depending on the transaction, your conveyancer should also send confirmation that the legal charge in favour of the lender has been discharged to the buyers lawyers. There is unlikely to be post completion formalities peculiar conveyancing in Newcastle under Lyme.
In scouring mumsnet.com for a cheap solicitor in Newcastle under Lyme, most say that I must use a CQS accredited lawyer. What is CQS?
The Conveyancing Quality Scheme (CQS) provides a kitemark for residential conveyancing practices issued by the Law Society. Membership achievement establishes a level of credibility for member firms with stakeholders (regulators, lenders, insurers and consumers) based upon: * the integrity of the senior responsible officer and other key conveyancing staff * the firm's adherence to good practice management standards * adherence to prudent and efficient conveyancing procedures through the scheme protocol It includes many companies who perform conveyancing in Newcastle under Lyme.
We are due to move house in December. Should my conveyancing solicitor communicate with the removal company on the day of completion. As an aside, can you suggest a removal company in Newcastle under Lyme. Conveyancing firm was found prior to coming across this site.
On the afternoon of completion you can pick up the keys from your estate agent but this should only be done once the previous owners solicitors inform the agent that they acknowledge receipt of the completion payment and the keys can be collected. You will need to advise the removal men that you are ready to move in. We are not in a position to suggest a specific removal organisation but can help you choose a conveyancing in Newcastle under Lyme or a solicitor with expertise in conveyancing in Newcastle under Lyme.
I am purchasing a victorian detached house in Newcastle under Lyme. We would like to carry out a loft conversion at the house.Will the conveyancing process include checks to see if these works are prohibited?
Your solicitor should check the deeds as conveyancing in Newcastle under Lyme will on occasion reveal restrictions in the title documents which restrict categories of changes or need the consent of another owner. Many additions require local authority planning consent and approval in accordance building regulations. Some areas are designated conservation areas and special planning restrictions apply which frequently prevent or affect extensions. It would be sensible to check these things with a surveyor ahead of any purchase.
I am the only recipient of my late mum's estate with all property in now in my sole name, including the my former home in Newcastle under Lyme. Conveyancing formalities meant that the Land Registry date was in August. I plan to dispose of the property. I do know about the Mortgage Lenders six month 'rule', which means that my proprietorship will be regarded the same way as though I had purchased the house in August. Will no one buy the property for half a year?
The Council of Mortgage Lenders’ handbook requires solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you may be caught by that. Most mortgage companies would take a sensible view as this obligation principally exists to pick up on the purchase and immediately sell or the quick reselling of property.
My partner and I may need to sub-let our Newcastle under Lyme basement flat for a while due to a career opportunity. We used a Newcastle under Lyme conveyancing firm in 2001 but they have closed and we did not think at the time get any advice as to whether the lease allows us to sublet. How do we find out?
Even though your previous Newcastle under Lyme conveyancing lawyer is not around you can review your lease to see if it allows you to sublet the property. The accepted inference is that if the deeds are silent, subletting is allowed. There may be a precondition that you are obliged to obtain permission via your landlord or some other party before subletting. This means that you cannot sublet without first obtaining permission. The consent should not be unreasonably withheld. If your lease does not allow you to sublet you should ask your landlord if they are willing to waive this restriction.
Newcastle under Lyme Leasehold Conveyancing - Sample of Queries Prior to buying
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Be sure to enquire if there are any onerous restrictions in the lease. For instance some leases prohibit pets being allowed in in a block in Newcastle under Lyme. If you like the apartmentin Newcastle under Lyme yet your cat can’t move with you then you will be faced hard choice. Best to be warned whether a new roof is being installed or some other major work is coming up to be shared by the leaseholders and could well dramatically impact the level of the maintenance fees or result in a specific invoice.