My partner and I intend to remortgage our flat in Hayling Island with RBS. We have a son 19 who lives with us. Our solicitor requested us to identify 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, waiving any legal rights in the event that the apartment is repossessed. I have a couple of questions (1) Is this document specific to the RBS conveyancing panel as he did not need to sign this form when we remortgaged 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 RBS. This is solely used to protect RBS 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 RBS 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.
Having spent time reading mumsnet.com for a high-quality lawyer in Hayling Island, many say that I must look for a CQS assured lawyer. Can you explain what CQS is?
Hayling Island Conveyancing Quality Scheme practices have been granted accreditation under the Law Society's Scheme (CQS) CQS was brought about to promote high standards in the home buying process. CQS enables home movers to identify solicitor firms who provide a quality residential conveyancing. Hayling Island is one of the many areas in England and Wales in which CQS are based. The conveyancing scheme obliges solicitors to undergo a strict assessment, compulsory training, self-certification, spot checks and annual reviews in order to maintain CQS status. It is open only to members of the Law Society who meet the demanding standards set by the scheme and has the support of the Legal Ombudsman.
I used Stirling Law a few years ago for my conveyancing in Hayling Island. I now require my file but the law firm is no longer operating. What do I do?
Do contact the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Hayling Island of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
Due to the encouragement of my in-laws I had a survey completed on a house in Hayling Island ahead of instructing conveyancers. I have been told that there is a flying freehold aspect to the property. The surveyor has said that some mortgage companies will not issue a mortgage on a flying freehold home.
It depends who your proposed lender is. Lloyds has different requirements from Birmingham Midshires. Should you wish to telephone us we can check with the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Hayling Island. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Hayling Island to see if the conveyancing will be more expensive.
How easy is it to use the search facility to locate a conveyancing solicitor in Hayling Island on the approved list for my lender?
First select a mortgage company such as HSBC Bank, Coventry Building Society or Aldermore then type in your location for example Hayling Island. Conveyancing practices in Hayling Island and beyond will then be identified.