My aunt passed away six months ago and as sole heir and executor I was left the house in Mossley. The house had a relatively small loan left on it of around £8000. I want to transfer the title deeds into my name whilst I re-mortgage to Co-operative, pay off the mortgage. Is this allowed?
If you intend to re-mortgage then Co-operative will require that you use a conveyancer on the Co-operative 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 Co-operative 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 Co-operative mortgage is registered as a charge at the Land Registry.
This question may be naive but I am wet behind the ears as a first time buyer of a ground floor flat in Mossley. Do I pick up the keys to the property on the completion date from my lawyer? If this is the case, I will find a local conveyancing solicitor in Mossley?
There is no need to visit the lawyers office on the day of completion. Conveyancing lawyers for you will transfer the purchase money to the vendor’s lawyers, and once they have received this, you will be called to collect the keys from the Estate Agents and start moving into the property. This tends to happen early afternoon.
Is it the case that all Mossley solicitors on the Aldermore conveyancing panel are governed by the SRA?
As a firm of solicitors, in order to be on the Aldermore conveyancing panel they would need to be regulated by the SRA. The majority of lenders do allow licenced conveyancers on their panel and in that case the organisation would be regulated by the CLC.
We expect to receive a DIP from Skipton this week so we can work out what to offer on a property we like as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Skipton recommend any Mossley solicitors on the Skipton conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Mossley solicitors independently although you'll need to choose one on the Skipton conveyancing panel. The solicitor represents both you and Skipton through the process.
I am selling our property in Mossley and the buyers lawyers are claiming that there is a risk of it being constructed on contaminated land. A high street Mossley lawyer would know that there is no such problem. For the life of me I don't know why the purchasers used an online conveyancing outfit rather than a conveyancing solicitor in Mossley. We have lived in Mossley for three years we know that this is a non issue. Do we get in touch with our local Authority to seek clarification that the buyers are looking for.
It would appear that you have a conveyancing lawyer currently acting for you. What do they say? You should check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same ailment)
4 months have elapsed since my purchase conveyancing in Mossley concluded. I have checked the Land Registry site which shows that I paid £200,000 when infact I paid £215,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the premises from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
I've recently found out that there is a flying freehold issue on a property I have offered on last month in what should have been a simple, no chain conveyancing. Mossley is where the house is located. Is there any guidance you can impart?
Flying freeholds in Mossley are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Mossley you must be sure that your lawyer goes through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Mossley may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
I am a negotiator for a long established estate agency in Mossley where we see a few leasehold sales jeopardised due to short leases. I have been given conflicting advice from local Mossley conveyancing firms. Can you shed some light as to whether the vendor of a flat can instigate the lease extension formalities for the buyer?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done before, or at the same time as completion of the disposal of the property.
An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Leasehold Conveyancing in Mossley - A selection of Questions you should consider before buying
-
What restrictions exist in the Mossley Lease? Its a good idea to find out as much as possible concerning the company managing the building as they will impact your use and enjoyment of the property. Being a leasehold owner you are frequently at the mercy of the managing agents from a financial perspective and when it comes to every day issues like the tidiness of the common parts. Ask other people what they think of their management. On a final note, investigate as to the dates that you are obliged pay the service charge to the relevant party and specifically what you get for your money. What is the length of the lease?