My aunt passed away six months ago and as sole heir and executor I was left the property in Cardiff. The house had a relatively small loan remaining of approximately £4500. I want to have the title changed into my name whilst I re-mortgage to Yorkshire BS, pay off the mortgage. Is this possible?
Given you intend to refinance 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.
I used Wolstenholmes several years ago for my conveyancing in Cardiff. I now require my file but cannot find the solicitor. What do I do?
You should contact the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Cardiff of the conveyancing firm of solicitors you previously instructed, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I'm buying my first flat in Cardiff benefiting from help to buy. The developers refused to move on the price so I negotiated five thousand pounds worth of fixtures and fittings instead. The property agent suggested that I not disclose to my lawyer about this side-deal as it will adversely affect my loan with the bank. 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.
Due to the advice of my in-laws I had a survey completed on a property in Cardiff prior to retaining conveyancers. I have been advised that there is a flying freehold aspect to the property. My surveyor has said that some lenders may not give a mortgage on a flying freehold premises.
It depends who your proposed lender is. Lloyds has different instructions for example to Nationwide. Should you wish to call us we can look into this further with the appropriate lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Cardiff. Conveyancing may be slightly more expensive based on your lender's requirements.
I am downsizing from my property. My former conveyancers have shut. I am in need of a recommendation of a conveyancing firm. Im based in Cardiff if that makes a difference.
Do use our search tool to help you choose a solicitor for your conveyancing in Cardiff. We have connected thousands of home buyers and sellers with regulated solicitors to ensure that the legalities of their house move runs with a minimum of fuss.
I work for a busy estate agent office in Cardiff where we have experienced a number of flat sales derailed as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Cardiff conveyancing firms. Could you shed some light as to whether the vendor of a flat can commence the lease extension formalities for the purchaser on completion of the sale?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to sit tight for 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or simultaneously with completion of the disposal of the property.
An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.
Cardiff Conveyancing for Leasehold Flats - Sample of Questions you should ask Prior to buying
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For many Cardiff leaseholds the cost for major works are not incorporated into the maintenance charges, although a few managing agents in Cardiff obliged leaseholders to contribute towards a reserve fund created for the specific intention of building a fund for larger repairs or maintenance. The prefered form of lease structure is where the freehold reversion is in the ownership of the leaseholders. In this situation the lessees enjoy control and although a managing agent is usually employed if the building is bigger than a house conversion, the managing agent employed by the leaseholders. Be sure to discover if there is anything that is prohibited in the lease. By way of example it is reasonably common in Cardiff leases that pets are not allowed in in a block in Cardiff. If you love the propertyin Cardiff but your cat can’t move with you then you have a very difficult choice.