My aunt passed away six months ago and as sole heir and executor I was left the house in Aperfield. The house had a small mortgage remaining of approximately £4500. I want to transfer the title deeds into my name whilst I re-mortgage to Yorkshire BS, pay off the mortgage. Is this allowed?
If you plan to re-mortgage then Yorkshire BS will require that you use a conveyancer on the Yorkshire BS 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 Yorkshire BS 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 Yorkshire BS mortgage is registered as a charge at the Land Registry.
We previously appointed solicitors with offices in Aperfield on the Co-operative solicitor approved list. They have just invoiced me a further fee for dealing with the Co-operative mortgage. Is this an additional conveyancing fee set by Co-operative?
Provided it is contained in their Terms of Engagement or Quote then yes your property lawyer is entitled to charge a fee for this. This charge is not set by Co-operative but by your Aperfield lawyer. Plenty of firms on the Co-operative panel will levy an ‘acting for lender’ fee and others do not.
I can not fathom if my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Aperfield building society branch on numerous occasions and was told it does not affect the mortgage offer and they would lend. My Aperfield conveyancing solicitor - who is on the mortgage company conveyancing panel- called and was told they refuse to lend in accordance with their published requirements. Who do I believe?
The property lawyer has to follow the CML Handbook Part 2 provisions for your lender. Unless your lawyer obtains specific confirmation in writing that the mortgage company 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 left on the lease.
I recently had an offer accepted on an apartment in Aperfield. My mortgage broker suggested a conveyancing practitioner. I paid an upfront payment of £225. Not long after, the property lawyer called me to say that they were not on the Santander 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 Santander 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.
Despite weeks of looking the Title Certificate and documents to our house can not be found. The solicitors who conducted the conveyancing in Aperfield 5 years ago are no longer around. What do I do?
Nowadays there are duplicates made of almost everything, and your solicitor should know exactly where to find all the relevant paperwork so you can buy or sell your property without a hitch. If copies are not available, your conveyancer may be able to put in place insurance or indemnities against possible claims on the premises.
I am purchasing a new build house in Aperfield with a loan from Virgin Money. The sellers would not move on the price so I negotiated 6k of extras instead. The estate agent told me not reveal to my solicitor about this deal as it would jeopardize my loan with the lender. Should I keep quiet?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Yesterday I discovered that there is a flying freehold issue on a house I have offered on two weeks back in what was supposed to be a simple, chain free conveyancing. Aperfield is the location of the property. Can you shed any light on this issue?
Flying freeholds in Aperfield are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Aperfield you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Aperfield may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
My husband and I are novice buyers - agreed a price, yet the estate agent informed us that the vendor will only go ahead if we instruct the agent's recommended lawyers as they want a ‘quick sale’. My instinct tells me that we should use a family solicitor who is accustomed to conveyancing in Aperfield
We suspect that the seller is unaware of this ultimatum. If they desire ‘a quick sale', turning down a motivated buyer is likely to cause more damage than good. Bypass the agents and go straight to the owners and make sure they comprehend that (a)you are keen to buy (b)you are excited to move forward, with mortgage lined up © you do not need to sell (d) you intend to proceed fast (e)but you are going to instruct your own,trusted Aperfield conveyancing solicitors - not the ones that will give the negotiator at the agency a kickback or hit his conveyancing figures pre-set by head office.