Completed the sale of my flat in Sandgate last September but the buyer keeps e-mailing every few hours to moan that his lawyer needs to hear from mylawyer. What are the post completion sale formalities now that I have sold?
Post completion of your sale your lawyer is duty bound to forward the transfer documentation and all of the paperwork to the purchaser's lawyers. Where relevant, your lawyer must also confirm that the legal charge in favour of the lender has been discharged to the purchasers conveyancers. There are no post completion steps just for conveyancing in Sandgate.
We are expecting a mortgage offer soon. The bank mentioned the mortgage came with free conveyancing. Is the implication that I have to instruct their panel conveyancer as I would prefer to use a local conveyancing solicitor in Sandgate?
Do check but the the probability is that allocate you one of their panel lawyers where you take up the "fee-free" offer. Contact the lender to see if they offer you a cash alternative. In the past a few mortgage companies offered a £250 cashback as a further option in which case that money can go towards the cost for your conveyancing solicitor near Sandgate.
I have today made my last payment due on my mortgage with Kent Reliance. I assume I don't need a Sandgate lawyer on the Kent Reliance panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Kent Reliance 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 Kent Reliance mortgage from the register. Kent Reliance, 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 Kent Reliance has sent the Land Registry the discharge electronically, and
- Kent Reliance has instructed the Land Registry to do so
It is unclear whether my lender requires a lease extension. I have called into my local Sandgate bank branch on numerous occasions and was told it wasn't a problem and they will lend. My Sandgate conveyancing solicitor - who is on the lender conveyancing panel- telephoned to say that they refuse to lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?
As long as the conveyancer is on the bank panel, they must follow the Council of Mortgage Lenders’ Handbook conditions for the bank. Unless your lawyer obtains specific confirmation in writing that the bank 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 mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.
I am selling my flat. I had a double glazing fitted in June 2010, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's lender, RBS are being problematic. The Sandgate solicitor who is on the RBS conveyancing panel is recommending indemnity insurance as a solution but RBS are insisting on a building regulation certificate. Why do RBS have a conveyancing panel if they don't accept advice from them?
It is probably the case that RBS have referred the matter to their valuer. The reason why RBS may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
I have todaydiscovered that Wolstenholmes have been shut down. They carried out my conveyancing in Sandgate for a purchase of a leasehold apartment 18 months ago. How can I establish that the property is registered correctly in the name of the former proprietor?
The quickest way to see if the premises is registered to you, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Sandgate conveyancing specialists.
Helen (my wife) and I may need to let out our Sandgate 1st floor flat temporarily due to a new job. We used a Sandgate conveyancing practice in 2004 but they have since shut and we did not think at the time seek any advice as to whether the lease allows us to sublet. How do we find out?
Notwithstanding that your previous Sandgate conveyancing lawyer is not around you can review your lease to see if it allows you to sublet the property. The accepted inference is that if the deeds are silent, subletting is permitted. There may be a precondition that you must seek permission from your landlord or some other party in advance of subletting. This means you not allowed to sublet in the absence of prior permission. Such consent must not not be unreasonably turned down. If your lease prohibits you from subletting the property you will need to ask your landlord if they are willing to waive this restriction.
Sandgate Leasehold Conveyancing - A selection of Queries before Purchasing
-
Does the lease have onerous restrictions? Is there a share of the freehold?
I pay a maintenance fee for my flat in Sandgate. As a result of personal circumstances I fell behind with payments. I negotiated a payment schedule but there is still around £3000 due in arrears.
I am under pressure to dispose of the property and I am concerned this may threaten to derail the sale if I have to settle the arrears in advance. I'd like to sell up and subsequently pay them back with the proceeds - is this viable?
Do speak with the solicitor conducting your Sandgate conveyancing but one option may be to agree for the debt to be attributed to the purchasers. The contractual price they pay would be adjusted to reflect the amount of debt they assume. They would then discharge the arrears once they are the owners.