Me and my fiance are buying a 2 bedroom flat in Cowley with a mortgage. We wish to retain our Cowley solicitor, but the bank says she’s not on their "panel". It seems we have little option but to appoint one of the bank panel conveyancing practices or retain our Cowley conveyancing practitioner and pay for one of their panel lawyers to act for them. This feels very unfair; can we not insist that the bank use our Cowley property lawyer ?
Unfortunately,no. Your mortgage offer is subject to its terms and conditions, one of which will be that lawyers will on the lender’s conveyancing panel. Until recently, most lenders had large numbers of law firms on their panels: a borrower could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. A further alternative is for your Cowley conveyancing solicitor to apply to be on the conveyancing panel.
Having sold my house in Cowley last October but the buyer keeps e-mailing every few hours to moan that his solicitor needs to hear from mine. What are the post completion sale legalities now that I have sold?
Following your sale your lawyer should deliver the transfer documentation and all supplemental paperwork to the buyer’s solicitors. If applicable, your lawyer must also evidence that the legal charge in favour of the lender has been redeemed to the buyers solicitors. There are no post completion procedures specific conveyancing in Cowley.
My grandfather passed away six months ago and as sole heir and executor I was left the house in Cowley. The house had a relatively small loan left on it of around £8000. I want to have the title changed into my name whilst I re-mortgage to Clydesdale, pay off the mortgage. Is this allowed?
Given you intend to re-mortgage then Clydesdale will insist on your using a conveyancer on the Clydesdale 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 Clydesdale 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 Clydesdale mortgage is registered as a charge at the Land Registry.
The deeds to my house are lost. The conveyancers who handled the conveyancing in Cowley 10 years ago no longer exist. What are my options?
Gone are the days when you need to have the physical deeds to evidence that you own the land or property, given that the Land Registry have everything they need in a digital format.
I am buying a new build apartment in Cowley. Conveyancing is necessary evil 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 is a sample of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Cowley
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Please supply a car parking plan. There must be mutual enforceability of lessee’s covenants. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Please confirm the Lease plans are surveyor prepared.
Yesterday I discovered that there is a flying freehold element on a house I have offered on a fortnight ago in what should have been a quick, chain free conveyancing. Cowley is where the house is located. What do you suggest?
Flying freeholds in Cowley are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Cowley you must be sure that your lawyer goes through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Cowley may decide 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.