New Posts New Posts RSS Feed - NEED ADVICE ABOUT PROPERTY LAWYER!...
  FAQ FAQ  Forum Search   Events   Register Register  Login Login


Forum LockedNEED ADVICE ABOUT PROPERTY LAWYER!...
 Post Reply Post Reply
Author
  Topic Search Topic Search  Topic Options Topic Options
BaAsKa View Drop Down
Senior Member
Senior Member


Joined: 01 January 1900
Points: 3844 		Post Options Post Options   Thanks (0) Thanks(0)   Quote BaAsKa Quote  Post ReplyReply Direct Link To This Post Topic: NEED ADVICE ABOUT PROPERTY LAWYER!...
    Posted: 10 September 2008 at 10:15am
I need some help with our property lawyer - she seems like a very hard lawyer and iv found it rather hard to convey any of my wants and thoughts to here.

SO anyway my bank manager needs the new purchase agreement that has the new earlier settlement date and also my mums name on it (she is using her house as equity so we are putting her name on the house with us until we have payed off the equity form her house for her own peace of mind)....

I just rung the lawyer and told her that we need this and she said that she cant give it to us because when we sign the papers on friday we will sign a nominee thingy mabob! and that have mums name in it....

MY QUESTION - does this mean her name will be on the house along side DH and I??? because that is what we want but im getting the impression that its not!!??
Back to Top
Sponsored Links


Back to Top
ginger View Drop Down
Moderator Group
Moderator Group
Avatar

Joined: 01 January 1900
Location: New Zealand
Points: 2714 		Post Options Post Options   Thanks (0) Thanks(0)   Quote ginger Quote  Post ReplyReply Direct Link To This Post Posted: 10 September 2008 at 12:58pm
I'm guessing that you signed the initial agreement in your own names and/or nominee so you could add your Mum? It's been a while since I got involved in conveyancing but if that's the case, you need to sign a Nomination Agreement before your Mum's name can be added to the Agreement for Sale and Purchase, so at the moment, the copy your lawyer holds just has your names on and your lawyer doesn't have the proper paper work yet to add your Mum. Does that makes sense? ... probably doesn't. Nothing I say makes any sense any more ...    It's all Cuinn's fault!!
Cuinn Lachlan 23.1.09 - 22:00
Antonia Helene 4.8.11 - 09:41
Back to Top
Peanut View Drop Down
Senior Member
Senior Member


Joined: 01 January 1900
Location: Christchurch
Points: 3649 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Peanut Quote  Post ReplyReply Direct Link To This Post Posted: 10 September 2008 at 1:01pm
Was your mums name put on the purchase agreement that you signed when you brought the property?

If not, then her name will not be on the house.

You may have put both yours and Dh's names and then also and nominee and that means that your mums name can be added at a later date.

Also you can ring the real estate agent and they can get a copy of the contract faxed to the bank. We do it all the time at work.
       
Back to Top
minik8e View Drop Down
Senior Member
Senior Member
Avatar

Joined: 01 January 1900
Location: Taranaki
Points: 5838 		Post Options Post Options   Thanks (0) Thanks(0)   Quote minik8e Quote  Post ReplyReply Direct Link To This Post Posted: 10 September 2008 at 1:57pm
What your lawyer means is that you need to sign a Deed of Nomination which changes the purchasers on the agreement from just your names, to include your Mums. At the moment, the agreement won't satisfy the bank because it will only have your names on it, and unfortunately it's not as easy as just adding another name to the agreement as then it has to be re-signed by the vendors as well, as it is essentially a change to the agreement.

Hope this makes sense!
Back to Top
Troods View Drop Down
Senior Member
Senior Member
Avatar

Joined: 12 July 2008
Location: Papakura
Points: 1101 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Troods Quote  Post ReplyReply Direct Link To This Post Posted: 10 September 2008 at 5:23pm
Pretty much what minik8e said. The sale and purchase agreement does not need to be amended and re-signed for the purposes of recording the earlier settlement date (which is usually agreed by letter between the parties' solicitors) and if you want to add your mum's name to the property. The Deed of Nomination will basically be in addition to the sale and purchase agreement, and an agreement solely between yourselves as the purchasers named on the sale and purchase agreement, and your Mum as the new additional purchaser nominated by yourselves. It will be a copy of the Deed of Nomination that your bank will require and that should suffice for their purposes. Your lawyer will simply confirm with the Bank your new settlement date. The Deed of Nomination together with the sale and purchase agreement will be the base documents used to put the house title in yours, your DH and your mum's name. Hope that helps clear things up


Missed MC July 2011
Back to Top
busymum View Drop Down
Senior Member
Senior Member


Joined: 01 January 1900
Location: New Zealand
Points: 12236 		Post Options Post Options   Thanks (0) Thanks(0)   Quote busymum Quote  Post ReplyReply Direct Link To This Post Posted: 10 September 2008 at 8:45pm
Next thing you will have to discuss is whether you and your DH, and your mum will go in with %'s of ownership or if it will all be just grouped together. PM me if you want more info on that.
Back to Top
BaAsKa View Drop Down
Senior Member
Senior Member


Joined: 01 January 1900
Points: 3844 		Post Options Post Options   Thanks (0) Thanks(0)   Quote BaAsKa Quote  Post ReplyReply Direct Link To This Post Posted: 11 September 2008 at 12:17pm
oooooohhhhhh!!!! I totally get it now!!!!!!

thanks heaps ladies

Back to Top
Cameron252671 View Drop Down
Newbie
Newbie


Joined: 12 June 2020
Points: 3 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Cameron252671 Quote  Post ReplyReply Direct Link To This Post Posted: 24 April 2021 at 8:53am
“Welcome to We Buy Houses San Jose, the Official Cash Home Buyer of San Jose, California, and surrounding areas.

We provide home sellers with a cash option to purchase their property quickly—with NO Repairs, and NO Fees or Commissions.

Simply go to our website or call us at (408) 680-8401 to get a no-obligation cash home offer sent to you. It’s free and confidential.

Avoiding foreclosure? Facing divorce? Moving? Upside down in your mortgage? Liens? It doesn’t matter whether you live in it, you’re renting it out, it’s vacant, or not even habitable. We help owners who have inherited an unwanted property, own a vacant house, are behind on payments, owe liens, downsized, and can’t sell… even if the house needs repairs that you can’t pay for… and yes, even if the house is fire damaged or has bad rental tenants.

Basically, if you have a property and need to sell it… we’d like to make you a fair cash offer and close on it when you’re ready to sell.

Just contact us today to get started!
Back to Top
 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Forum Software by Web Wiz Forums® version 12.05
Copyright ©2001-2022 Web Wiz Ltd.

This page was generated in 1.639 seconds.