My uncle passed away six months ago and as sole heir and executor I was left the property in Old Swan. The house had a small mortgage remaining of approximately £5k. I want to have the title changed into my name whilst I re-mortgage to Virgin Money, pay off the mortgage. Is this possible?
Given you plan to re-mortgage then Virgin Money will insist on your using a conveyancer on the Virgin Money 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 Virgin Money 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 Virgin Money mortgage is registered as a charge at the Land Registry.
I just acquired a flat at auction in Old Swan. Conveyancing is needed. What are my next steps?
Now that you have to all intents and purposes signed on the dotted line you must instruct a conveyancing solicitor as a matter of priority as you are facing a pending a fixed date to complete the transaction. Every auction property will ordinarily have an associated legal pack. This should include evidence of title and search results. If you have purchased leasehold premises the auction papers should contain a copy of the lease, management information and a sellers leasehold information form and other conveyancing paperwork relating to leasehold premises. You need to pass this on to the conveyancer working for you ASAP. Do make sure that you have funds organised to complete the transaction on the set completion date.
We previously instructed conveyancing lawyers based in Old Swan on the RBS solicitor panel. They have just billed me a separate fee for dealing with the RBS mortgage. Is this a supplemental conveyancing fee set by RBS?
Unfortunately, so long as it is in their Terms of Engagement or Quote then yes your conveyancing practitioner may levy a fee for this. The charge is not set by RBS but by your Old Swan solicitor. Plenty of firms on the RBS panel will quote ’dealing with mortgage’ fee and others do not.
We have a mortgage agreed in principle with HSBC. Old Swan conveyancing lawyers have been instructed. How long does it take for HSBC to issue the offer to the lawyer?
There is no definitive answer here. Have HSBC conducted the valuation? Have you informed HSBC as to your lawyers' details and checked that your lawyers are on the HSBC conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.
Various internet forums that I have frequented warn that are the main reason for obstruction in Old Swan house deals. Is that correct?
The Council of Property Search Organisations (CoPSO) published determinations of research by MoveWithUs that conveyancing searches do not figure within the common causes of hindrances during the legal transfer of property. Searches are unlikely to feature in any holding up conveyancing in Old Swan.
It has been 4 months following my purchase conveyancing in Old Swan concluded. I have checked the Land Registry site which shows that I paid £200,000 when infact I paid £180,000. 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 asset 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.
Due to the advice of my in-laws I had a survey completed on a house in Old Swan in advance of retaining solicitors. I have been told that there is a flying freehold aspect to the house. My surveyor has said that some lenders may not issue a loan on this type of home.
It depends who your proposed lender is. Lloyds has different requirements from Nationwide. Should you wish to telephone us we can check 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 Old Swan. Conveyancing will be smoother if you use a solicitor in Old Swan especially if they are acquainted with such properties in Old Swan.
My wife and I purchased a leasehold house in Old Swan. Conveyancing and National Westminster Bank mortgage organised. A letter has just been received from someone saying they have taken over the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1994. The conveyancing solicitor in Old Swan who acted for me is not around. Do I pay?
First make enquiries of HMLR to make sure that the individual claiming to own the freehold is in fact the registered owner of the freehold reversion. There is no need to incur the fees of a Old Swan conveyancing lawyer to do this as you can do this on the Land Registry website for £3. You should note that in any event, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Old Swan Conveyancing for Leasehold Flats - A selection of Questions you should ask before buying
It would be sensible to find out if there are any onerous restrictions in the lease. For instance some leases prohibit pets being allowed in in a block in Old Swan. If you like the propertyin Old Swan however your cat can’t move with you then you have a very hard decision. What prohibitions are contained in the Old Swan Lease?