My partner and I are refinancing our flat in Rumney with . 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 reside at the property. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the apartment is forfeited by the lender. I have two concerns (1) Is this form unique to the conveyancing panel as he did not need to sign this form when we bought 4 years ago (2) Does our son by signing this extinguish his entitlement to inherit the property?
First, rest assured that your 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 . This is solely used to protect 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 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 all Rumney Conveyancing Quality Solicitors on the conveyancing panel?
Some major lenders now make use of the accreditation scheme as the starting point for Panel approval such as HSBC and Santander. CQS accreditation however is no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitors wishing to join their panels.
We have agreed to purchase a house in Rumney. A rare aspect is that the roof has a solar panel. have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
Given that you are obtaining a mortgage with your lawyer must comply with the conveyancing requirements contained in Part 2 of UK Finance Lenders’ Handbook for . The CML Handbook stipulates minimum provisions for solar panel roof-space leases, and are required to report to where a lease does not meet these conditions. The specifications relate to the installation of panels on properties countrywide and is not isolated to Rumney.
I have today made my last payment due on my mortgage with . I assume I don't need a Rumney on the panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the mortgage from the register. , and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where has sent the Land Registry the discharge electronically, and
- has instructed the Land Registry to do so
Will our conveyancer be asking questions regarding flooding during the conveyancing in Rumney.
The risk of flooding is if increasing concern for lawyers specialising in conveyancing in Rumney. Some people will buy a house in Rumney, fully aware that at some time, it may be flooded. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable insurance cover, or sell the property. There are steps that can be taken as part of the conveyancing process to forewarn the buyer.
Conveyancers are not best placed to impart advice on flood risk, but there are a numerous checks that can be initiated by the purchaser or by their solicitors which can give them a better appreciation of the risks in Rumney. The conventional set of property information forms sent to a buyer’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a standard inquiry of the seller to determine if the premises has historically flooded. In the event that the premises has been flooded in past which is not disclosed by the seller, then a purchaser may issue a compensation claim as a result of such an incorrect response. A purchaser’s lawyers may also carry out an environmental report. This will higlight if there is any known flood risk. If so, further investigations should be carried out.
The deeds to my house are lost. The lawyers who dealt with the conveyancing in Rumney 4 years ago have long since closed. What do I do?
Assuming the title is registered the details of your proprietorship will be held by the Land Registry under a Title Number. It is easy to conduct a search at the Land Registry, find your house and order current copies of the Registered Entries for less than a fiver. If the property is Leasehold then the Land Registry will in most cases hold a file copy of the Registered Lease and again, a copy can be obtained for £20 inclusive of VAT.
We are in the process of purchasing a flat in Rumney. Could our keep our purchase price a secret from the likes of Zoopla. what can I do to ensure this is not disclosed?
The Land Registry as a matter of law bound to reveal price paid data on the official title for domestic properties countrywide including premises in Rumney. The Title Register is a public document, so HM Land Registry would be breaking the law if they failed to grant access to the register.
In essence you can make a request of HM Land Registry to withhold the amount paid entry but the response would be in the negative.