My aunt passed away last year and as sole heir and executor I was left the house in Whitehaven. The house had a relatively small loan left on it of around £8000. I want to transfer the title deeds into my name whilst I re-mortgage to RBS, pay off the mortgage. Is this allowed?
Given you intend to refinance then RBS will require that you use a conveyancer on the RBS conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your RBS conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the RBS mortgage is registered as a charge at the Land Registry.
When it comes to lenders such as Nottingham, do Whitehaven solicitors face an annual charge to be on the list of approved solicitors?
We are not aware of any bank fees to register on their panel, although some do levy an administration charge to deal with the processing of the conveyancing panel submission.
Is there a list of Lloyds panel solicitors in Whitehaven on the Building Society Association’s Website?
Unfortunately not yet. There is no such tool on the Council of Mortgage Lenders or Building Society Association websites. Very few lending institutions make their panel listings available over the internet. Where you are looking for a Whitehaven property lawyer on the Lloyds please make the most of our facility.
I am due to exchange contracts on my house. I had a double glazing fitted in March 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s lender, Yorkshire BS are being pedantic. The Whitehaven solicitor who is on the Yorkshire BS conveyancing panel is saying indemnity insurance will be fine but Yorkshire BS are insisting on a building regulation certificate. Why do Yorkshire BS have a conveyancing panel if they don't accept advice from them?
It is probably the case that Yorkshire BS have referred the matter to their valuer. The reason why Yorkshire BS 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.
Are there restrictive covenants that are commonly identified as part of conveyancing in Whitehaven?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the process of conveyancing in Whitehaven. 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…’
How does conveyancing in Whitehaven differ for new build properties?
Most buyers of new build residence in Whitehaven come to us having been asked by the housebuilder to sign contracts and commit to the purchase even before the house is ready to move into. This is because developers in Whitehaven typically buy the real estate, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Whitehaven or who has acted in the same development.
I am thinking of appointing a conveyancing lawyer in Whitehaven for my sale. Is there any facility to see a firm’s record with the legal regulator?
One may read documented Solicitor Regulator Association (SRA) decisions stemming from investigations from 2008 onwards. Go to Check a solicitor's record. To find information Pre 2008, or to check a firm's history, ring 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For non-uk callers, dial +44 (0)121 329 6800. The regulator could recorded telephone calls for training requirements.
Me and my partner are hoping to buy a 2 room apartmentin Whitehaven with a home loan from a bank. We like our solicitor in Whitehaven however our mortgage company advise he's not listed on their "panel". It seems we have little choice but to instruct from the our bank panel solicitors or stay with our Whitehaven solicitor and incur the extra costs for one of their panel ones to represent our mortgage company. This seems very unfair; Can we not simply insist that our bank use our Whitehaven lawyer?
Unfortunately,no. The lender mortgage offered to you is subject to conditions, one of which will be that lawyers will on the bank's conveyancing panel. in the past, most lenders had open panels, including many conveyancing solicitors in Whitehaven : a mortgagee could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your solicitors to apply to be on the conveyancing panel for your lender.