My wife and I are intending to purchase a 3 bedroom flat in North Acton with a mortgage. We have a North Acton lawyer, but the mortgage company says he's not on their "panel". We have to appoint one of the mortgage company panel conveyancing practices or keep our North Acton conveyancer as well as pay for one of their panel firms to act for them. This seems very unfair; can we not require that the mortgage company use our North Acton lawyer ?
No, not really. Your mortgage offer 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 North Acton conveyancing lawyer to apply to be on the conveyancing panel.
My uncle passed away six months ago and as sole heir and executor I was left the property in North Acton. 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 TSB, pay off the mortgage. Is this allowed?
If you intend to refinance then TSB will insist on your using a conveyancer on the TSB 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 TSB 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 TSB mortgage is registered as a charge at the Land Registry.
My wife and I purchased a semi-detached Georgian property in North Acton. Conveyancing practitioner represented me and Aldermore. I happened to do a free search for it on the Land Registry database and there are a couple of entries: the first freehold, the second leasehold under the exact same property. If a house is not a freehold shouldn't I have been informed?
You need to assess the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in North Acton and other locations in the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with buyers. You can also check the position with your conveyancing solicitor who conducted the conveyancing.
How does conveyancing in North Acton differ for new build properties?
Most buyers of new build residence in North Acton contact us having been asked by the developer to exchange contracts and commit to the purchase even before the house is finished. This is because house builders in North Acton typically purchase 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 property lawyers 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 North Acton or who has acted in the same development.
Yesterday I discovered that there is a flying freehold element on a house I put an offer in a fortnight ago in what was supposed to be a quick, no chain conveyancing. North Acton is the location of the property. What do you suggest?
Flying freeholds in North Acton are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in North Acton you must be sure that your lawyer goes through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in North Acton 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.
My cousin has encouraged me to use his conveyancers in North Acton. Should I use them?
Much as we are happy to recommend a North Acton conveyancing lawyer the best way to choose a conveyancing lawyer is to seek feedback from friends or relatives who have used the conveyancer that you are are thinking of instructing.