Having sold my house in Hurst last September but our buyer keeps SMS messaging me complaining that his lawyer needs to hear from mysolicitor. What are the post completion sale legalities now that I have sold?
Post completion of your disposal your solicitor is obliged to deliver the transfer documentation and all additional paperwork to the purchaser's conveyancer. Depending on the transaction, your solicitor must also evidence that the legal charge in favour of the lender has been paid off to the buyers lawyers. There is unlikely to be post completion formalities unique to conveyancing in Hurst.
My grandfather passed away six months ago and as sole heir and executor I was left the property in Hurst. 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 Yorkshire BS, pay off the mortgage. Is this allowed?
Given you plan to refinance then Yorkshire BS will insist on your using a conveyancer on the Yorkshire BS 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 Yorkshire BS 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 Yorkshire BS mortgage is registered as a charge at the Land Registry.
The deeds to my property are lost. The conveyancers who did the conveyancing in Hurst 5 years ago no longer exist. What do I do?
Gone are the days when you need to hold title deeds to establish that you own the land or property, given that the Land Registry hold details of all registered land or property electronically.
I decided to have a survey carried out on a property in Hurst ahead of instructing solicitors. I have been advised that there is a flying freehold overhang to the property. Our surveyor has said that some banks tend not issue a mortgage on a flying freehold premises.
It depends who your proposed lender is. Bank of Scotland has different requirements for example to Birmingham Midshires. If you call us we can investigate further with the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Hurst. Conveyancing may be slightly more expensive based on your lender's requirements.
I am thinking of appointing a conveyancing lawyer in Hurst for my house move. Can I review a firm’s record with the profession’s regulator?
You can review documented Solicitor Regulator Association (SRA) decisions arising from investigations from 2008 onwards. Go to Check a solicitor's record. For information Pre 2008, or to check a solicitors history, ring 0870 606 2555, 08.00 - 18.00 any week day save for Tuesday when lines open at 9.30am. For callers outside the UK, dial +44 (0)121 329 6800. The SRA may monitor call for training purposes.
When it comes to my conveyancing in Hurst should I be paying VAT on the following: (1) Land reg fee on purchase (2) Pre - completion search fee (3) SDLT E submission on purchase (4) Bank TT fee
(1) Land reg fee on purchase - No (2) Pre - completion search fees -No, (such conveyancing searches are HMLR ones and means £4 and possibly £2 bankruptcy per name on your mortgage) (3) SDLT E submission on your purchase - There is no VAT on Stamp Duty. However if the firm is charging a stamp duty e-submission fee as part of their services - some Hurst conveyancers do - that will incur VAT(4) Bank transfer fee - Yes it is for the lawyer's time in submitting the funds this way.