We are purchasing a 1 bedroom flat in Hyde with a mortgage. We would like to retain our Hyde solicitor, however the lender says he's not on their "panel". We have to appoint one of the mortgage company panel conveyancing practices or continue with our Hyde conveyancer as well as pay for one of their panel firms to represent 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 Hyde conveyancing lawyer to apply to be on the conveyancing panel.
I am only a couple days away from an exchange on a flat in Hyde and my parents have transferred the 10% deposit to my property lawyer. I am now informed that as the deposit has been received from someone other than me my conveyancing practitioner needs to make a notification to my bank. Apparently, in also acting for the lender he must advise them that the balance of the purchase price is coming from anyone other than me. I disclosed to the lender about my parents' contribution when I applied for the home loan, so is it really appropriate for him to raise this?
Your conveyancing practitioner is duty bound to clarify with lender to ensure that they understand that the balance of the purchase price is not from your own funds. The solicitor can only report this to your bank if you permit them to, failing which, your lawyer must cease to continue acting.
My grandmother passed away six months ago and as sole heir and executor I was left the property in Hyde. The house had a small mortgage left on it of around £8000. I want to have the title changed into my name whilst I re-mortgage to Leeds Building Society, pay off the mortgage. Is this possible?
Given you plan to re-mortgage then Leeds Building Society will insist on your using a conveyancer on the Leeds Building Society 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 Leeds Building Society 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 Leeds Building Society mortgage is registered as a charge at the Land Registry.
I am buying a 4 bedroom semi-detached house in Hyde. Our aim is to carry out a loft conversion at the house.Will legal work on the property include checks to see if these works are allowed?
Your property lawyer should check the registered title as conveyancing in Hyde can occasionally reveal restrictions in the title documents which prevent categories of works or need the permission of another owner. Some extensions need local authority planning permissions and approval in compliance with building regulations. Some areas are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. It would be sensible to check these issues with a surveyor prior to committing yourself to a purchase.
When it comes to mortgage companies such as Bank of Ireland, do Hyde solicitors incur an annual charge to be on the conveyancing panel?
We are not aware of any mortgage company fees to be on their panel, although some do levy an administration charge to deal with the processing of the conveyancing panel submission.
We previously appointed conveyancing lawyers with offices in Hyde on the Aldermore solicitor panel. They are now charging me a further charge for handling the Aldermore mortgage. Is this an additional conveyancing fee set by Aldermore?
Unfortunately, so long as it is in their Terms of Engagement or Quote then yes your property lawyer is entitled to levy a fee for this. This fee is not dictated by Aldermore but by your Hyde conveyancing practitioner. Plenty of firms on the Aldermore panel will quote an ‘acting for lender’ fee but some firms incorporate it on their overall fee.
Have purchased a a semi-detached house in Hyde , how long will it take for the Land Registry to record the transfer to my name? My Hyde conveyancing solicitor has been painfully slow, so I want to be sure the registration is addressed.
As far as conveyancing in Hyde is concerned, registration is no faster or slower than the rest of the country. As opposed to being determined by geographic area, timeframes can vary according to who lodges the application, whether it is in order and if the Land registry must send notices to any third parties. As of today approximately three quarters of such applications are completed within 12 days but some can be subject to protracted delays. Historically registration takes place after the purchaser has moved in to the property thus registration formalities is not usually primary concern but if there is a degree of urgency associated with the registration then you or your conveyancer should contact the land registry and explain the circumstances.
About to purchase a new build flat in Hyde. 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 few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Hyde
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Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier?