Much to our surprise we have been told by our mortgage adviser that my Earls Court solicitor is not on the mortgage company Conveyancing panel. How can I be certain whether this is indeed the case?
Your first step should be to contact your Earls Court conveyancer. It is reasonable to expect your lawyer to advise you of the situation. Where they are not on the panel they could put your in touch with solicitors on the conveyancing panel for your mortgage company.
My home in Earls Court is up for sale and I have accepted an offer. Will the conveyancing practitioner need to be required to be on the HSBC conveyancing panel in order to deal with redeeming my mortgage?
Ordinarily, even if your lawyer is not on the HSBC conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their panel criteria fairly frequently at the moment.
If you had a top tip for choosing a conveyancing solicitor in Earls Court what would it be?
Do not opt for the lowest Earls Court conveyancing quote. You really do get what you pay for when it comes to property lawyers. A cheap quote may mean that the conveyancing solicitor is handling a lot of jobs at one time and you won’t get the quality of service and the attention that you need. It is, however, wise to use a conveyancer who has a fixed fee on a no sale, no fee basis. This way, you know exactly what you’ll have to pay in ahead of time.
I happen to be the sole recipient of my late mum's estate and I have everything in my name now, including the my former home in Earls Court. The Earls Court property was put into my name in August. I plan to dispose of the house. I understand that there is a CML 6 month 'rule', meaning my property ownership will be treated the same way as if I'd bought the property in August. Do I have to wait half a year to sell?
The CML handbook mandates conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you may be caught by that. Most banks would take a sensible view as this obligation principally exists to capture subsales or the flipping of property.
My wife and I have organised a further advance on our mortgage from Nationwide as we wish to carry out alterations to our house in Earls Court. Are we obliged to select a nearby Earls Court solicitor on the Nationwide conveyancing panel to deal with the paperwork?
Nationwide do not ordinarily require a member of their conveyancing panel to deal with the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the Nationwide list.
I need some fast conveyancing in Earls Court as I am faced with a deadline to complete in less than 3 weeks. A mortgage is not required. Is it possible to escape the need for conveyancing searches to save money and time?
As you are are a mortgage free buyer you have the choice not to have searches conducted although no law firm would suggest that you don't. With lots of history conveyancing in Earls Court the following are examples of what can crop up and adversely affect future saleability: Enforcement Actions, Overdue Charges, Outstanding Grants, Unadopted Roads,...
The estate agent has sent us the confirmation of our purchase of a new build apartment in Earls Court. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build legal work.
Here is a sample of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Earls Court
Forfeiture - bankruptcy or liquidation must not apply under this provision. 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. 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?
Due to exchange soon on a garden flat in Earls Court. Conveyancing lawyers assured me that they report fully next week. What should I be looking out for?
The report on title for your leasehold conveyancing in Earls Court should include some of the following:
Who has the liability to repair and maintain the main walls and foundations. It is essential that you know who is liable for the repair and maintenance of all parts of the block and estate Does the lease prohibit wood flooring? Whether the landlord has obligations to ensure rights of quiet enjoyment over your premises and do you know what it means in practice? You must be advised what counts as a Nuisance as far as the lease is concerned Whether your lease provides for a slush fund?
Having spent months of dialogue we cannot agree with our landlord on how much the lease extension should cost for our flat in Earls Court. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
Where there is a absentee freeholder or if there is dispute about what the lease extension should cost, under the relevant statutes it is possible to make an application to the Leasehold Valuation Tribunal to determine the price payable.
An example of a Freehold Enfranchisement case for a Earls Court premises is 5 Wetherby Gardens in June 2014. the Tribunal concluded that the price to be paid for the freehold of the property was £2,369,452. This case related to 5 flats. The remaining number of years on the lease was 38.98 years.