I plan on acquiring residence in Helston. My property lawyer is not on the mortgage company approved list. Can I still use my Helston conveyancing solicitor even though they are excluded from the bank panel?
You must appoint a conveyancer to deal with the formalities when you take out a loan to buy your home. The lawyer will carry out all the necessary investigations on the property, make sure that you will be registered as proprietor and ensure that all the necessary mortgage paperwork is in order. One may instruct a Helston solicitor of your choice. However, where the conveyancing practitioner appointed is not a member of the bank approved list additional fees will arise as separate legal representation will be required by them. Bank panel applications may be submitted, so where your solicitor has not previously applied for membership they should take the chance to apply.
My partner and I are refinancing our maisonette in Helston with Barclays. We have a son 19 who lives with us. Our solicitor requested us to identify any adults 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 two concerns (1) Is this form unique to the Barclays conveyancing panel as he did not need to sign this form when we remortgaged 5 years ago (2) Does our son by signing this giving up his entitlement to inherit the property?
First, rest assured that your Barclays 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 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.
The Helston conveyancing lawyers that I appointed last week on my house acquisition in Helston have suddenly shut down. I only went with them because I had to have a firm on the Nationwide conveyancing panel and my previous Helston lawyer was not. I wrote them a cheque for £250 in advance. What are my options?
Assuming that you have an Estate Agent in the equation then inform them immediately so that they advise the vendors that there may be a slight delay due to the problems encountered. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Nationwide conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new solicitors should be in a position to assist.
I have decided to exercise my right to buy my property in Helston off the council. I have a mortgage agreed with Co-operative. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should use one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Co-operative, you will need to appoint a solicitor on the Co-operative conveyancing panel.
I am selling my flat. I had a double glazing fitted in August 2008, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, TSB are being problematic. The Helston solicitor who is on the TSB conveyancing panel is saying indemnity insurance will be fine but TSB are requiring a building regulation certificate. Why do TSB have a conveyancing panel if they don't accept advice from them?
It is probably the case that TSB have referred the matter to their valuer. The reason why TSB may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
I was told three weeks ago that my mortgage has been agreed to by Nottingham. Is it usual for Nottingham to only issue the offer once my solicitor in Helston is approved on their conveyancing panel? Nottingham have asked my solicitor to see a copy of their Professional Indemnity Insurance Schedule.
A lender would not issue an offer until they have details of a lawyer on their panel. It can take a few weeks for Nottingham to deal with your lawyer's application to be on the Nottingham conveyancing panel. There's no guarantee that your solicitor will be accepted.
In my capacity as executor for the estate of my aunt I am selling a house in Monmouth but I am based in Helston. My conveyancer (based 260 kilometers from merequires that I execute a statutory declaration before completion. Can you recommend a conveyancing practitioner in Helston who can attest and place their company stamp on the document?
Technically speaking you are not likely to need to have the documents attested by a conveyancing solicitor. Ordinarily any notary public or solicitor will suffice regardless of whether they are Helston based
I am hoping to sign contracts shortly on a leasehold property in Helston. Conveyancing solicitors have said that they are sending me a report on Monday. What should I be looking out for?
Your report on title for your leasehold conveyancing in Helston should include some of the following:
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What remedies are open the freeholder should you breach a clause of your lease? The landlord’s rights to access the property. You should be made aware that your landlord has rights of access as well as be informed how much notice must be provided. Who has the liability to repair and maintain the main walls and foundations. It is important that you know who is liable for the repair and maintenance of every part of the building Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice? specifics of the parties to the lease, e.g. these could be the lessee, head lessor, landlord
I am the registered owner of a 1 bedroom flat in Helston, conveyancing formalities finalised May 2003. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Similar properties in Helston with over 90 years remaining are worth £265,000. The ground rent is £50 per annum. The lease finishes on 21st October 2102
With only 76 years left to run we estimate the premium for your lease extension to range between £8,600 and £9,800 plus professional fees.
The figure above a general guide to costs for renewing a lease, but we cannot give you the actual costs without more detailed investigations. Do not use this information in tribunal or court proceedings. There are no doubt additional concerns that need to be considered and you obviously want to be as accurate as possible in your negotiations. Please do not move forward based on this information before getting professional advice.