We are selling our apartment in Salford. Will my conveyancer need to be on the Nationwide conveyancing panel in order to deal with the discharge of my mortgage?
Ordinarily, even if your lawyer is not on the Nationwide conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their specifications fairly frequently at the moment.
I am helping my aunt sell her house in Salford. Does the conveyancer order an EPC or it is for me to see to?
After the demise of Home Information Packs, energy assessments was retained a compulsory part of selling a property. An energy performance certificate needs to be to hand before the property is placed on the market. This is not a task that law firms ordinarily organise. Where you are instructing a Salford conveyancing solicitor they may be willing to arrange energy assessments due to their relationships with long established Salford accredited person
I have today made my last payment due on my mortgage with UBS. I assume I don't need a Salford lawyer on the UBS panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your UBS mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the UBS mortgage from the register. UBS, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where UBS has sent the Land Registry the discharge electronically, and
- UBS has instructed the Land Registry to do so
It is not clear whether my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Salford building society branch on various occasions and was told it does not affect the mortgage offer and they will lend. My Salford conveyancing solicitor - who is on the mortgage company conveyancing panel- called to say that they refuse to lend based on their UK Finance Lenders’ Handbook minimum lease term requirements. I have no idea who is right.
Provided that the solicitor is on the mortgage company panel, they must comply with the Council of Mortgage Lenders’ Handbook specifications for the bank. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
We are planning on selling our home in Salford and according to the buyers it appears that there is a risk of it being constructed on contaminated land. A local lawyer would know this is not the case. For the life of me I don't know why the buyers used a factory type conveyancing outfit rather than a conveyancing solicitor in Salford. We have lived in Salford for many years we know that this is a non issue. Should we get in touch with our local Authority to get clarification that the buyers are looking for.
It would appear that you have a conveyancing firm currently acting for you. What do they say? You need to enquire of 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 life insurance to cover that same illness)
The deeds to our home can not be found. The conveyancers who dealt with the conveyancing in Salford 10 years ago have long since closed. What are my next steps?
You no longer need to hold title deeds to prove you own the land or premises, given that the Land Registry have everything they need in a digital format.
I am using a search engine for the words conveyancing in Salford it reveals many property lawyersin the area. With so much choice what is the best way to find the suitable conveyancer for my move?
The ideal way of finding the right conveyancer is via personal testimonial, so seek the guidance of friends and family who have acquired a property in Salford or a reputable estate agent or financial adviser. Costs for conveyancing in Salford differ, so it's sensible to secure at least three fee estimates from varying types of conveyancers. Dont forget to clarify that the fees are fixed.
I work for a long established estate agency in Salford where we see a few flat sales derailed due to leases having less than 80 years remaining. I have received conflicting advice from local Salford conveyancing firms. Could you confirm whether the owner of a flat can start the lease extension process for the buyer?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer can avoid having to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the sale.
Alternatively, it may be possible to agree the lease extension with the freeholder 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 buyer.
Salford Leasehold Conveyancing - Sample of Questions you should consider before Purchasing
-
Are there any major works in the near future that will increase the maintenance costs? How many of the leaseholders are in arrears for their service charge payments? What restrictions exist in the Salford Lease?