My lawyer has identified a a problem with the lease for the flat we are buying in Cheltenham. The other side have offered title insurance as a solution. We are content with insurance and will cover the costs. Our solicitor has advised that he must check that the mortgage company is content with this solution. Are we the client or is the bank?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the mortgage company are the client. Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook conditions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your property lawyer will have no choice but to discontinue acting for you.
How up to date is your database of Cheltenham solicitors on the Nationwide conveyancing panel? Do Nationwide send you an updated list?
Cheltenham conveyancing firms themselves provide us confirmation that they are on the Nationwide conveyancing panel as opposed to being supplied with a list from Nationwide directly.
We are planning to buy with Earl Shilton BS. We have called around locally yet am unable to find a Cheltenham conveyancing firm on the Earl Shilton BS approved list. Please you assist?
Feel free to take advantage of the search tool on this page. Please choose the lender and type Cheltenham or your preferred area and you will discover numerous solicitors based in Cheltenham or near you.
Despite weeks of looking the Title Certificate and documents to our home can not be found. The conveyancers who did the conveyancing in Cheltenham 10 years ago are no longer around. What are my next steps?
As long as you have a registered title the information relating to your ownership will be recorded by HMLR under a Title Number. It is easy to conduct a search at the Land Registry, identify your house and obtain up to date copies of the Registered Entries for less than a fiver. Where the title is Leasehold then the Land Registry will also normally retain a certified duplicate of the Registered Lease and again, a copy can be ordered for £20 inclusive of VAT.
Just had an offer accepted on a new build apartment in Cheltenham. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Here are examples of a few leasehold new build questions that you should expect your new-build leasehold conveyancing in Cheltenham
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If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme.
What if there is an issue with the searches carried out as part of my conveyancing in Cheltenham?
Ordinarily, almost all issues revealed in Cheltenham conveyancing search responses can be addressed in advance of completion or indemnity insurance may be taken. It is crucial to remember that although you are purchasing the premises and might be willing to live with the search results, your building society or bank may not, and when all said and done have the final decision.