My husband and I swapping mortgage lender for our flat in Bebington with Barclays. We have a son 19 who lives with us. Our solicitor has asked us to disclose any adults other than ourselves who lives in the flat. Our lawyer has now e-mailed a document for our son to sign, waiving any legal rights in the event that the apartment is forfeited by the lender. I have two questions (1) Is this document specific to the Barclays conveyancing panel as he did not need to sign this form when we bought 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 Barclays. This is solely used to protect Barclays 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 Barclays 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.
I've recently found out that there is a flying freehold element on a house I have offered on two weeks back in what was supposed to be a quick, no chain conveyancing. Bebington is the location of the property. Can you shed any light on this issue?
Flying freeholds in Bebington are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Bebington you must be sure that your lawyer goes through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Bebington may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
I need to find a conveyancing solicitor for some conveyancing in Bebington. I happened to land on a web site which seems to have the perfect offering If it is possible to get all formalities completed via email that would be ideal. Should I be concerned? What are the potential pitfalls?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?
There are only Seventy years left on my flat in Bebington. I now want to extend my lease but my landlord is missing. What options are available to me?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for an order to dispense with the service of the initial notice. This will mean that your lease can be lengthened by the Court. However, you will be required to prove that you have done all that could be expected to track down the landlord. In some cases a specialist may be helpful to carry out a search and to produce a report to be used as evidence that the landlord can not be located. It is wise to seek advice from a conveyancer in relation to investigating the landlord’s absence and the application to the County Court overseeing Bebington.
I own a studio flat in Bebington, conveyancing formalities finalised in 2005. Can you let me have an estimated range of the fair premium for a lease extension? Comparable properties in Bebington with a long lease are worth £192,000. The ground rent is £55 invoiced annually. The lease ceases on 21st October 2078
You have 54 years remaining on your lease we estimate the price of your lease extension to be between £32,300 and £37,400 as well as professional fees.
The figure that we have given is a general guide to costs for extending a lease, but we cannot give you the actual costs without more comprehensive investigations. Do not use the figures in a Notice of Claim or as an informal offer. There are no doubt additional concerns that need to be taken into account and clearly you should be as accurate as possible in your negotiations. You should not take any other action placing reliance on this information before seeking the advice of a professional.
I have noted on a number of consumer advice websites that when choosing a conveyancing solicitors they must be approved by your lender. I am novice purchaser but I have an AIP from Birmingham Midhshires and I already have a bricks and morter conveyancing lawyer in Bebington in place. Does Halifax need an approved lawyer to be selected? If so, where do I find that list so I can pick a conveyancing solicitor in Bebington?
You need to choose a solicitor that is on the Halifax panel. The simplest thing to do is telephone your preferred Bebington conveyancing solicitor and ask if they are on the Halifax panel. If they are not approved you have a couple of choices open to you here:
- Complete the deal with your chosen Bebington conveyancing practitioner but Halifax will need to retain a lawyer on their conveyancing panel. The net impact is additional fees together with probable interruption.
- Get a new conveyancing practitioner to conduct the conveyancing, not forgetting to check that they are on the Halifax conveyancing panel.
- Convince your property lawyer to seek to join the mortgage company panel.