My partner and I are refinancing our maisonette in New Malden with Clydesdale. 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. The solicitor has now sent a form 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 form unique to the Clydesdale conveyancing panel as he never had to sign this form when we remortgaged 3 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 Clydesdale. This is solely used to protect Clydesdale 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 Clydesdale 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 the New Malden conveyancing solicitors identified as being on the Clydesdale conveyancing panel, together with their details provided by Clydesdale?
New Malden conveyancing firms themselves provide us confirmation that they are on the Clydesdale conveyancing panel as opposed to being supplied with a list from Clydesdale directly.
When it comes to lenders such as Virgin Money, do New Malden lawyers have to pay a yearly amount to be on the list of approved solicitors?
We are unaware of any bank fees to be on their panel, although some do charge an administration fee to deal with the processing of the conveyancing panel application.
I have today made my last payment due on my mortgage with Aldermore. I assume I don't need a New Malden lawyer on the Aldermore panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Aldermore 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 Aldermore mortgage from the register. Aldermore, 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 Aldermore has sent the Land Registry the discharge electronically, and
- Aldermore has instructed the Land Registry to do so
Barclays have agreed my home loan in principle, my offer on a apartment in New Malden has been agreed to, what happens next?
Your property agent will need to be informed of your lawyer's details (make sure the lawyers are on the lender’s panel). Telephone Barclays or the financial adviser and finalise any outstanding documentation. Barclays will appoint a valuer who will get in touch with the estate agent or vendor to arrange a slot for the valuation to happen. Once conducted (assuming no problems) it takes on average ten days to get a mortgage offer. Barclays will send the offer to you and your lawyers. The legal work will then take it’s course according the nature and complexity of the conveyancing in New Malden.
I have just started marketing my garden apartment in New Malden. Conveyancing has not commenced, however I have just received a quarterly service charge invoice – should I leave it to the buyer to sort out?
The sensible thing to do is clear the service charge as you normally would because all rents and service charges will be allotted as part of the financial calculations for completion monies, so you should recover the relevant percentage by the buyer for the period running from after the completion date to the subsequent invoice date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
Having spent months of dialogue we cannot agree with our landlord on how much the lease extension should cost for our flat in New Malden. Can we issue an application to the Residential Property Tribunal Service?
You certainly can. We can put you in touch with a New Malden conveyancing firm who can help.
An example of a Lease Extension decision for a New Malden property is Flat D 15 Claremont Gardens in September 2013. TheTribunal determined in accordance with section48 and Schedule13 of the Leasehold Reform,Housing and Urban Development Act 1993 that the premium for the extended lease should be fourteen thousand one hundred and eighty seven pounds (£14,187.00) This case related to 1 flat.
Your search tool is useful but there are many lawyers listed near New Malden being on the mortgage company conveyancing panel. Can you recommend a specific firm on the mortgage company approved panel?
We do not recommend specific New Malden firms as the right New Malden conveyancing firm for you depends on where your priorities lie. For example you may require a local firm with New Malden knowledge or you might be looking for the low cost conveyancing. We recommend that you speak to 3 or 4 lawyers listed before you make your choice..