My partner and I intend to remortgage our flat in Kendal with Bank of Ireland. We have a son approaching twenty who lives at home. Our solicitor has asked us to disclose anyone over the age of 17 other than ourselves who lives in the flat. Our lawyer has now e-mailed a document for our son to sign, giving up any rights in the event that the property is repossessed. I have a couple of concerns (1) Is this document specific to the Bank of Ireland conveyancing panel as he never had 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?
First, rest assured that your Bank of Ireland 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 Bank of Ireland. This is solely used to protect Bank of Ireland 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 Bank of Ireland 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.
How do I check that the solicitor carrying out my conveyancing in Kendal is on the bank’sconveyancing panel? I am looking to avoid the situation of having one lawyer for me and one for Birmingham Midshires thus paying £192.00 in further conveyancing charges.
Feel free to take advantage of the find a conveyancing panel solicitor tool on this site. Pick the mortgage company and type ‘Kendal’ or your location and you will discover a number of lawyer based in Kendal or by proximity to you.
I have paid off my mortgage with Co-operative. I assume I don't need a Kendal conveyancing practitioner on the Co-operative panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Co-operative 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 Co-operative mortgage from the register. Co-operative, 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 Co-operative has sent the Land Registry the discharge electronically, and
- Co-operative has instructed the Land Registry to do so
It is unclear whether my mortgage offer requires a lease extension. I have called into my local Kendal bank branch on numerous occasions and was informed it wasn't an issue and they would lend. My Kendal conveyancing solicitor - who is on the lender conveyancing panel- telephoned and was told they would not lend based on their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?
As long as the conveyancing practitioner is on the mortgage company panel, she or he must comply with the CML Handbook conditions for the lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years remaining.
After months of negotiation I have agreed a price on an apartment in Kendal. My financial adviser pressured me to appoint their lawyer. I paid an upfront payment of £225. Not long after, the conveyancing practitioner called me to say that they were not on the Lloyds conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Lloyds panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
Do I need to take out insurance to address the risk of chancel repairs when acquiring a residence in Kendal?
Unless a prior purchase of the house completed after 12 October 2013 you could take it that lawyers delivering conveyancing in Kendal to remain encouraging a chancel search and or chancel repair liability insurance.
Are there restrictive covenants that are commonly identified during conveyancing in Kendal?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Kendal. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’