Our nephew is buying a house that has just been built in Heath with a home loan from HSBC. His lawyer has advised him of a delay in completing the ‘Disclosure of Incentive Form’. This document is news to me - what is it and who needs sight of it?
The form is intended to provide information to the main parties involved in the transaction. Therefore, it will be provided to your son’s lawyer who should be on the HSBC conveyancing panel as a standard part of the process, and to the surveyor when requested. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the HSBC conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
It is is a decade since I bought my home in Heath. Conveyancing lawyers have recently been retained on the sale but I am unable to find my title deeds. Will this jeopardise the sale?
Don’t worry too much. First there is a chance that the deeds will be retained by the mortgage company or they may be in the possession of the lawyers who acted in your purchase. Secondly the likelihood is that the property will be registered at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers procuring current official copies of the land registers. Most conveyancing in Heath relates to registered property but in the unlikely event that your home is not registered it is more of a problem but is not insurmountable.
My father informed me that in purchasing a property in Heath there may be various restrictions as to what one can do in terms of external alterations to a property. Is this right?
We are aware of anumerous of properties in Heath which have some sort of restriction or requirement of consent to carry out external changes. Part of the conveyancing in Heath should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
We had selected conveyancing lawyers with offices in Heath on the Yorkshire BS solicitor approved list. They are now charging me a supplemental sum for the legal aspects of the Yorkshire BS mortgage. Is this a supplemental conveyancing fee set by Yorkshire BS?
As unfair as it may seem, as long as it’s in their Terms of Engagement or Quote then yes your lawyer is entitled to charge a fee for this. This charge is not set by Yorkshire BS but by your Heath conveyancing practitioner. Numerous firms on the Yorkshire BS panel will levy ’dealing with mortgage’ fee and others do not.
I recently had an offer accepted on a house in Heath. My mortgage broker pressured me to appoint their property lawyer. I paid an advanced payment of £225. A couple of days later, the conveyancing practitioner called 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.
Despite weeks of looking the Title Certificate and documents to our home can not be found. The lawyers who handled the conveyancing in Heath 10 years ago no longer exist. What are my options?
Assuming you have a registered title the details of your proprietorship will be recorded by the Land Registry with a Title Number. It is easy to execute a search at the Land Registry, locate your house and order up to date copies of the Registered Entries for a small fee. Where the title is Leasehold then the Land Registry will also normally retain a file copy of the Registered Lease and again, a copy can be ordered for £20 inclusive of VAT.
How does conveyancing in Heath differ for new build properties?
Most buyers of new build property in Heath contact us having been asked by the developer to exchange contracts and commit to the purchase even before the residence is finished. This is because new home sellers in Heath typically acquire the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Heath or who has acted in the same development.
I've recently found out that there is a flying freehold element on a property I have offered on a fortnight ago in what was supposed to be a straight forward, chain free conveyancing. Heath is where the house is located. Can you offer any opinion?
Flying freeholds in Heath are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Heath you must be sure that your lawyer goes through the deeds diligently. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Heath may ascertain 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.