My husband and I are hoping to purchase a 3 bedroom apartment in Hilton with a mortgage. We have a Hilton conveyancer, however the lender says she’s not on their "panel". It appears that we have no option but to use one of the mortgage company panel conveyancing practices or retain our Hilton lawyer and pay for one of their panel firms to act for them. This seems very unfair; is there anything we can do?
No, not really. The mortgage offered to you 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 Hilton conveyancing lawyer to apply to be on the conveyancing panel.
Last November we completed a house move in Hilton. We have since encountered a number of issues with the house which we believe were overlooked in the conveyancing searches. Is there anything we can do? What searches should? have been ordered as part of conveyancing in Hilton?
It is not clear from the question as what problems have arisen and if they are relate to conveyancing in Hilton. Conveyancing searches and investigations initiated during the legal transfer of property are carried out to help avoid problems. As part of the process, a property owner completes a form known as a SPIF. answers is misleading, then you may have a claim against the owner for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Hilton.
We had chosen conveyancers located in Hilton on the UBS solicitor panel. They have just billed me a further charge for dealing with the UBS mortgage. Is this a supplemental conveyancing fee set by UBS?
As unfair as it may appear, as long as it’s in their Terms and Conditions or Quote then yes your lawyer can charge a fee for this. This fee is not set by UBS but by your Hilton property lawyer. Some firms on the UBS panel will levy an ‘acting for lender’ fee but some firms include it on their overall fee.
We expect to receive a OIP from Kent Reliance this week so we can work out what to offer on a property we like as otherwise we only have online calculators to go by (which aren't taking into account credit checks etc). Do Kent Reliance recommend any Hilton solicitors on the Kent Reliance conveyancing panel, or is it better to go independently?
You will need to appoint Hilton solicitors independently although you'll need to choose one on the Kent Reliance conveyancing panel. The solicitor represents both you and Kent Reliance through the process.
I have paid off my mortgage with Co-operative. I assume I don't need a Hilton solicitor on the Co-operative panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Co-operative mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Co-operative mortgage from the register. Co-operative, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Co-operative has sent the Land Registry the discharge electronically, and
- Co-operative has instructed the Land Registry to do so
I purchased a semi-detached Edwardian property in Hilton. Conveyancing practitioner acted for me and Leeds Building Society. I did a free Land Registry search last week and I saw a couple of entries: one for freehold, another for leasehold with the exact same address. If a house is not a freehold shouldn't I have been informed?
You need to assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Hilton and other areas of the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with purchasers. You can also enquire as to the situation with your conveyancing lawyer who conducted the purchase.
I'm purchasing a new build house in Hilton with a loan from Leeds Building Society. The builders would not move on the amount so I negotiated £7000 of additionals instead. The property agent told me not inform my lawyer about this extras as it could jeopardize my loan with the lender. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
There are only 72 years left on my flat in Hilton. I now wish to get lease extension but my freeholder is absent. What options are available to me?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. You will be obliged to prove that you or your lawyers have made all reasonable attempts to find the freeholder. For most situations an enquiry agent should be useful to try and locate and to produce a report to be accepted by the court as proof that the freeholder is indeed missing. It is wise to seek advice from a conveyancer in relation to proving the landlord’s disappearance and the application to the County Court overseeing Hilton.
I inherited a basement flat in Hilton, conveyancing was carried out half a dozen years ago. How much will my lease extension cost? Similar flats in Hilton with a long lease are worth £216,000. The average or mid-range amount of ground rent is £50 invoiced every year. The lease ends on 21st October 2090
With just 69 years remaining on your lease we estimate the price of your lease extension to range between £9,500 and £11,000 plus professional fees.
The suggested premium range above a general guide to costs for extending a lease, but we are not able to provide a more accurate figure in the absence of detailed due diligence. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt additional issues that need to be taken into account and clearly you should be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information without first seeking the advice of a professional.