I require conveyancing for an apartment in a fairly new development (seven years old) in Kettering. 95% of the appartments have already been disposed of. Is it strictly necessary to order local searches for my conveyancing in Kettering?
Conveyancing Searches are a central link in the Kettering conveyancing process. There are a large number of search providers delivering Kettering conveyancing searches, as well direct from the local authority. These are known collectively as personal search companies and they produce, not surprisingly, personal searches. Nevertheless, all Local Authority Search conveyancing products have one thing in common - they must secure their data from the local authority.
Finally the sale completed on my house in Kettering last March yet the purchaser is SMS messaging daily complaining that their lawyer is waiting to hear from mine. What are the post completion sale legalities now that I have sold?
Following your house sale your conveyancer should send the transfer documentation and all of the paperwork to the buyer’s conveyancer. Where relevant, your solicitor should also send confirmation that the home loan has been paid off to the purchasers conveyancers. There is unlikely to be post completion tasks unique to conveyancing in Kettering.
I am assisting my sister sell her flat in Kettering. Does the conveyancing solicitor commission an energy assessment or it is for the owner to coordinate?
After the demise of Home Packs, energy performance certificates became a mandatory component of moving property. An energy assessment should be to hand in advance of the property being marketed. It is not something that solicitors normally arrange. Where you are instructing a Kettering conveyancing solicitor they might be able to arrange energy assessments due to their relationships with reputable local assessors
I have today made my last payment due on my mortgage with Coventry BS. I assume I don't need a Kettering property lawyer on the Coventry BS panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Coventry BS 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 Coventry BS mortgage from the register. Coventry BS, 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 Coventry BS has sent the Land Registry the discharge electronically, and
- Coventry BS has instructed the Land Registry to do so
I can not work out if my mortgage offer requires a lease extension. I have telephoned my Kettering building society branch on numerous occasions and was reassured it wasn't a problem and they will lend. My Kettering conveyancing solicitor - who is on the bank conveyancing panel- telephoned to say that they would not lend in accordance with their specific requirements. I have no idea who is right.
The solicitor has to comply with the CML Handbook Part 2 specifications for your lender. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
How does conveyancing in Kettering differ for new build properties?
Most buyers of new build property in Kettering come to us having been asked by the seller to sign contracts and commit to the purchase even before the house is built. This is because developers in Kettering tend to acquire the land, 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 Kettering or who has acted in the same development.
I decided to have a survey carried out on a property in Kettering ahead of retaining solicitors. I have been informed that there is a flying freehold overhang to the property. My surveyor advised that some lenders tend refuse to give a loan on this type of home.
It varies from the lender to lender. Santander has different instructions from Halifax. If you contact us we can investigate further via the appropriate bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Kettering. Conveyancing will be smoother if you use a solicitor in Kettering especially if they are acquainted with such properties in Kettering.
I happen to be an executor of my recently deceased mum’s Will, with a house in Kettering which is to be sold. The property is unregistered at the Land Registry and I'm told that many buyers solicitors will insist that it is completed before they'll move forward. What's the procedure for this?
In the situation you refer to it seems advisable to seek to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. HMLR’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and official copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.