I am acquiring a flat in Malpas. My property lawyer has never been on on the lender approved list. Am I still permitted to continue with my Malpas conveyancing solicitor notwithstanding that they are not on the lender list of approved lawyers?
You will need to have a property lawyer to deal with the formalities when you need a mortgage to buy your property. They will carry out all the necessary investigations on the property, make sure that you’re registered as proprietor and ensure that all the required mortgage documentation is dealt with. One may appoint a Malpas lawyer of your choosing. Nevertheless, where the property lawyer selected is not on the mortgage company approved list further costs will arise as separate legal representation will be need by the mortgage company. Bank panel applications can be submitted, so where your conveyancer has not previously applied for membership they can do so.
I used Action Conveyancing a few years ago for my conveyancing in Malpas. Now, I need the documents however the law firm has closed. What do I do?
Do call the Solicitors Regulatory Authority (SRA) to assist in tracing your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Malpas of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I opted to have a survey done on a property in Malpas before appointing solicitors. I have been advised that there is a flying freehold element to the house. My surveyor has said that some mortgage companies may not grant a loan on this type of home.
It depends who your proposed lender is. Lloyds has different requirements from Halifax. If you contact us we can check with the relevant bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Malpas. Conveyancing will be smoother if you use a solicitor in Malpas especially if they are familiar with such properties in Malpas.
As co-executor for the estate of my grandmother I am disposing of a house in Newport but I am based in Malpas. My solicitor (based 300 kilometers from mehas requested that I sign a statutory declaration prior to the transaction finalising. Could you suggest a conveyancing practitioner in Malpas to attest this legal document for me?
strictly speaking you should not need to have the documents witnessed by a conveyancing solicitor. Ordinarily any notary public or qualified solicitor will suffice regardless of whether they are located in Malpas
I've recently bought a leasehold property in Malpas. Am I liable to pay service charges relating to a period prior to my ownership?
Where the service charge has already been demanded from the previous owner and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. A critical element of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Leasehold Conveyancing in Malpas - Sample of Queries Prior to buying
Who takes charge for maintaining and repairing the building? If a Malpas lease has less than 80 years it will impact the salability of the property. Check with your lender that they are content with the length of the lease. A short lease means that you will almost definitely require a lease extension at some point and you need to have some idea of how much this would cost. For most Malpaslease extensions you would need to own the premises for a couple of years in order to be eligible to exercise a lease extension. How is the lease structured?
Our solicitor in Malpas has requested from me personal identification documents stating that this is part of his obligations as a solicitor on the bank Conveyancing panel. This is news to me - can I refuse?
Due to Money Laundering Regulations your conveyancing lawyer is duty bound to confirm positively your identification when entering into a business relationship with you. It is a criminal offence if your lawyer not do this. If you do not provide ID early in the transaction the solicitor must refuse to act for you. It’s unlikely a lawyer will turn you away if you come to the first meeting without relevant ID but you will have to produce it at some point so you might as well bring it with you to the initial meeting so the lawyer can tick the ID verification box and start sorting out the conveyancing straight away. If you are getting a mortgage, your lawyer also has to check ID documents to satisfy the bank. This is not specific to conveyancing in Malpas