My partner and I are getting closer to an exchange on a house in Callington and my mum and dad have sent the 10% deposit to my property lawyer. I am now informed that as the deposit has been received from someone other than me my solicitor needs to disclose this to my mortgage company. Apparently, in also acting for the mortgage company he must inform them that the balance of the purchase price is not just from me. I informed the bank concerning my parents' contribution when I applied for the home loan, so is it really necessary for this now to delay the deal?
The solicitor is duty bound to clarify with mortgage company to ensure that they understand that the balance of the purchase price is not from your own funds. Your solicitor can only report this to your lender if you agree, failing which, your lawyer must cease to continue acting.
It is is a decade since I purchased my house in Callington. Conveyancing solicitors have recently been appointed on the sale but I am unable to find my title deeds. Will this cause complications?
You need not be too concerned. Firstly the deeds may be kept by your mortgage company or they may be archived with the lawyers who acted in your purchase. Secondly the chances are that the property will be registered at the land registry and you will be able to prove you own the property by your conveyancing solicitors procuring current official copies of the land registers. Almost all conveyancing in Callington involves registered property but in the rare situation where your property is not registered it adds to the complexity but is not insurmountable.
Do I choose a Licenced Conveyancer or Solicitor for conveyancing in Callington?
Two types of professional can conduct conveyancing in Callington namely licenced conveyancers or solicitors. The two can handle conveyancing services that required to complete the sale or acquisition of property. They are both duty bound to carry out Callington conveyancing on similar standards and guidelines so you may be safe in the knowledge that your conveyancing will be properly administered and that the requisite steps will be accurately adhered to.
is it true that all Callington solicitor firms on the Clydesdale conveyancing panel are regulated by the Solicitors Regulatory Authority?
As solicitors, in order to be on the Clydesdale conveyancing panel they would need to be overseen by the SRA. Some lenders do list licenced conveyancers on their panel in which case such organisation would be overseen by the Council of Licensed Conveyancers.
It is not clear whether my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Callington bank branch on various occasions and was informed it wasn't an issue and they would lend. My Callington conveyancing solicitor - who is on the lender conveyancing panel- called to say that they refuse to lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. I have no idea who is right.
As long as the lawyer is on the bank panel, they must adhere to the Council of Mortgage Lenders’ Handbook provisions for the bank. Unless your lawyer obtains specific confirmation in writing that the lender 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.
In what way does the Landlord & Tenant Act 1954 affect my commercial property in Callington and how can you help?
The particular law that you refer to gives security of tenure to commercial lessees, giving them the right to make a request to court for a continuation of occupancy when the lease reaches an end. There are certain specified grounds where a landlord can refuse a lease renewal and the rules are complicated. Fees are different for commercial conveyancing. Callington is one of the many areas of the UK in which the firms we work with are located
As co-executor for the estate of my aunt I am selling a property in Newport but reside in Callington. My lawyer (based 235 kilometers awayrequires that I sign a statutory declaration before completion. Can you recommend a conveyancing solicitor in Callington to witness 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. Normally any notary public or solicitor will do regardless of whether they are Callington based
My fiance is buying a shared ownership flat in Callington. He was given a quote by the solicitor suggested by the selling agents and it came to £1250 . It was eight years ago I sold and bought a house and the bill was £500. Have charges really escalated to that extent?
What does the conveyancing estimate include? Is it just for the legal fees, or what you will be paying in total (for example Callington searches, land registry fees, etc)