My uncle passed away 10 months ago and as sole heir and executor I was left the house in Ealing. The house had a small mortgage left on it of around £4500. I want to have the title changed into my name whilst I re-mortgage to Lloyds, pay off the mortgage. Is this allowed?
Given you plan to refinance then Lloyds will insist on your using a conveyancer on the Lloyds 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 Lloyds 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 Lloyds mortgage is registered as a charge at the Land Registry.
What is the difference between a licensed conveyancer and conveyancing solicitor in Ealing
There are many registered licenced Conveyancers in Ealing and Solicitor partnerships in Ealing who provide Conveyancing services We would stress that both are supervised by regulatory bodies with both specialising in the legal work in the home buying process. The two can conduct associated property related work such as remortgage conveyancing, lease extensions and transfer of equity conveyancing.
My husband and I are spending time looking at flats in Ealing and I am about to put in an offer. Is it advisable to have a conveyancing practitioner on ‘stand by’? I am planning to take a home loan with Clydesdale.
It would be prudent to commence your search sooner rather than later. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and forward their contact information on to the selling agent. As you are seeking a mortgage with Clydesdale, make sure you remember to check that your lawyer is on the Clydesdale conveyancing panel.
I recently had an offer accepted on a house in Ealing. My financial adviser recommended their conveyancers. I paid an on account payment of £200. A couple of days later, the conveyancing practitioner contacted me to say that they were not on the RBS conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the RBS panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
Are there restrictive covenants that are commonly identified during conveyancing in Ealing?
Restrictive covenants can be picked up when reviewing land registry title as part of the process of conveyancing in Ealing. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
We're first time buyers - agreed a price, yet the property agent has warned us that the vendor will only move forward if we use their preferred lawyers as they want a ‘quick sale’. My instinct tells me that we should use a high street conveyancer used to conveyancing in Ealing
It is improbable the sellers are driving this. If they desire ‘a quick sale', alienating a genuine purchaser is likely to cause more damage than good. Speak to the vendors direct and make the point that (a)you are keen to buy (b)you are ready to progress, with finances arranged © you are chain free (d) you wish to move quickly (e)but you intend to appoint your preferred Ealing conveyancing firm - not the ones that will provide the negotiator at the agency a introducer fee or achieve conveyancing thresholds pre-set by corporate headquarters.
I am employed by a long established estate agency in Ealing where we see a few flat sales jeopardised as a result of leases having less than 80 years remaining. I have been given conflicting advice from local Ealing conveyancing firms. Could you confirm whether the owner of a flat can commence the lease extension formalities for the buyer?
Provided that the seller has owned the lease 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 proposed purchaser can avoid having 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 sale.
Alternatively, it may be possible 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.
Having spent years of negotiations we simply can't agree with our landlord on how much the lease extension should cost for our flat in Ealing. Can we issue an application to the Residential Property Tribunal Service?
if there is a absentee landlord or if there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the LVT to make a decision on the premium.
An example of a Lease Extension decision for a Ealing residence is Flat 4 38 The Mall in April 2014. the Tribunal held that the premium payable for the lease extension to be £25,451 This case was in relation to 1 flat. The remaining number of years on the lease was 68.7 years.
My husband and I intend to acquire our 1st home in Ealing. Conveyancing solicitor already chosen. The broker advised that a survey is not appropriate as the property was only constructed in 2001.
At the very least you should order a Home Buyer's Report. Given the premises is over ten years old the property will not come with a warranty, so you would be well advised not to take a risk. For a property that age with no signs of problems a Home Buyer's report could be enough. The report should highlight any obvious problems and suggest further investigation where relevant. If there are any signs of problems seek a full structural survey.