My grandfather passed away 10 months ago and as sole heir and executor I was left the house in Chester. The house had a small mortgage left on it of around £5k. I want to transfer the title deeds into my name whilst I re-mortgage to RBS, pay off the mortgage. Is this allowed?
Where you intend to refinance then RBS will insist on your using 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.
I am aiming to move property in July. Will my conveyancing solicitor liaise with the removal company on the day of completion. As an aside, can you put forward a removal company in Chester. Conveyancing firm was found before I stumbled across your page.
On the day of completion you will need to pick up the keys from your estate agent but this should only take place once the sellers conveyancers inform the agent that they have the completion monies and the keys can be collected. Subsequently you can advise the removal company that you are ready to move in. As a matter of policy we do not suggest a specific removal company but can assist you in choosing a conveyancing in Chester or a legal practice that specialises in conveyancing in Chester.
My wife and I have arranged a further advance on our home loan from HSBC as we want to carry out renovations to our house in Chester. Are we obliged to choose a high street Chester solicitor on the HSBC conveyancing panel to deal with the paperwork?
HSBC would not normally require firms on their approved list of lawyers to handle the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the HSBC conveyancing panel.
I am selling my flat. I had a double glazing fitted in July 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, RBS are being pedantic. The Chester solicitor who is on the RBS conveyancing panel is happy to accept ‘lack of building regulation’ insurance but RBS are insisting on a building regulation certificate. Why do RBS have a conveyancing panel if they don't accept advice from them?
It is probably the case that RBS have referred the matter to their valuer. The reason why RBS 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.
Should my lawyer be making enquiries regarding flooding during the conveyancing in Chester.
The risk of flooding is if increasing concern for lawyers conducting conveyancing in Chester. Plenty of people will buy a property in Chester, fully expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, where a property is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or dispose of the property. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.
Lawyers are not qualified to offer advice on flood risk, but there are a numerous checks that may be undertaken by the buyer or by their solicitors which should figure out the risks in Chester. The standard property information forms sent to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) includes a usual inquiry of the owner to find out whether the property has ever been flooded. If the residence has been flooded in past which is not revealed by the vendor, then a purchaser may commence a legal claim for losses as a result of such an misleading answer. A buyer’s lawyers will also carry out an enviro report. This should reveal whether there is a recorded flood risk. If so, more detailed inquiries will need to be made.
I've recently found out that there is a flying freehold issue on a property I put an offer in last month in what should have been a simple, no chain conveyancing. Chester is the location of the property. Can you offer any advice?
Flying freeholds in Chester are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Chester you must be sure that your lawyer goes through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Chester 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 property.
I was pointed in your direction by a couple of local estate agents in Chester to get a quote from a solicitor on your site. Is there a financial advantage for Estate Agents to market your lawyers rather than another?
We refuse to offer any referral fee for sending work our way. We thought it would be too underhand a fee as home movers will think, ‘How come the agent getting a kickback? Why am I not getting any benefit too?’ We would prefer to grow our business on genuine recommendations.
I'm purchasing a bungalow in Chester. I can find my conveyancer's company on the Law Society's list, but I can't locate my conveyancer's name as listed on the regulator's website. Is this a big problem?
Not every individual in the company must be listed by the regulator. Provided there is someone qualified to 'oversee' the work, the actual day-to-day activity can be conducted by unqualified staff.