Finally the sale completed on my house in Romney last May yet the purchaser is telephoning every few hours complaining that their lawyer needs to hear from mine. What should have happened following completion?
Post completion of your house sale your solicitor is committed to forward the transfer documentation and all of the paperwork to the purchaser's lawyers. If applicable, your conveyancer should also send confirmation that the mortgage has been redeemed to the purchasers solicitors. There is unlikely to be post completion formalities specific conveyancing in Romney.
We had chosen conveyancing lawyers with offices in Romney on the Barclays solicitor approved list. They are now charging me a supplemental fee for handling the Barclays mortgage. Is this an additional conveyancing fee set by Barclays?
Unfortunately, as long as it is in their Terms of Engagement or estimate then yes your solicitor is entitled to charge a fee for this. This charge is not set by Barclays but by your Romney solicitor. Numerous firms on the Barclays panel will charge an ‘acting for lender’ fee but plenty of firms include it on their overall fee.
I have decided to exercise my right to buy my property in Romney off the council. I have a mortgage agreed with Yorkshire BS. Conveyancing is not something I have any knowledge of. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with Yorkshire BS, you will need to appoint a solicitor on the Yorkshire BS conveyancing panel.
At last I have had an offer on a flat in Romney accepted, but there is a chain. The vendors have placed an offer on on an apartment, but it’s not been accepted yet, and have viewings of other properties in the pipeline. I have selected a high street conveyancing solicitor in Romney. What do I do now? When should I get the mortgage application with Co-operative started?
It is normal to have concerns where there is a chain as you are unlikely to want to incur costs too early (mortgage application is approx £1k, then valuation, Romney conveyancing search charges, etc). First, you should ensure that your lawyer is on the Co-operative approved list. Regarding the subsequent phase this very much dictated by the specifics of your transaction, attraction to the property and on the state of the market. During a rising market many home buyers would apply for the mortgage with Co-operative and pay for the valuation and only if it comes back ok would they ask their lawyer to proceed with searches.
Will my solicitor be raising enquiries regarding flooding as part of the conveyancing in Romney.
Flooding is a growing risk for conveyancers specialising in conveyancing in Romney. There are those who buy a property in Romney, completely expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or dispose of the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Lawyers are not qualified to offer advice on flood risk, but there are a number of searches that may be carried out by the buyer or on a buyer’s behalf which will figure out the risks in Romney. The conventional set of completed inquiry forms given to a buyer’s solicitor (where the Conveyancing Protocol is adopted) contains a standard inquiry of the vendor to discover whether the premises has historically flooded. If flooding has previously occurred which is not notified by the seller, then a purchaser may issue a claim for damages as a result of such an misleading answer. A purchaser’s conveyancers should also carry out an environmental search. This will disclose whether there is a recorded flood risk. If so, additional investigations should be made.
I used Action Conveyancing several years past for my conveyancing in Romney. Now, I need my documents but the law firm is no longer operating. What do I do?
You should 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 Romney of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
Yesterday I discovered that there is a flying freehold element on a property I put an offer in a fortnight ago in what was supposed to be a simple, chain free conveyancing. Romney is the location of the property. Is there any guidance you can give?
Flying freeholds in Romney are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Romney 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 Romney 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 residence.
What makes a Romney lease unacceptable for security purposes?
There is nothing unique about leasehold conveyancing in Romney. Most leases are individual and drafting errors can result in certain sections are wrong. For example, if your lease is missing any of the following, it could be defective:
A provision to repair to or maintain elements of the property Insurance obligations
A defective lease will likely cause issues when trying to sell a property as they can affect a potential buyer’s ability to obtain a mortgage. Nationwide Building Society, The Mortgage Works, and Nottingham Building Society all have very detailed requirements when it comes to what is expected in a lease. Where a lender has been advised by their lawyers that the lease does not cover certain provisions they may refuse to grant the mortgage, forcing the purchaser to withdraw.
Romney Leasehold Conveyancing - Sample of Queries before Purchasing
The answer will be helpful as a) areas may cause problems in the block as the common areas may begin to deteriorate where maintenance are not paid for b) if the leasehold owners have a dispute with the managing agents you will need to know about it For most Romney leaseholds the cost for major works are not incorporated into the service charges, although a few managing agents in Romney obliged leaseholders to pay into a reserve fund and this is used to offset against major works. How is the lease structured?