I am obtaining a mortgage with Halifax. I intend to use a Licensed Conveyancer in South Wimbledon. Does the Halifax Solicitor panel exclude Licensed Conveyancers?
The Halifax conveyancing panel is, like many other lenders, represented by the CML or BSA, open to Licensed Conveyancers regulated by the CLC.
I am need of leasehold conveyancing for an apartment in a fairly new development (seven years built) in South Wimbledon. Almost all the appartments have already been occupied. Do I need carry out the local searches as part of conveyancing in South Wimbledon?
You are opening yourself up to an unnecessary risk in failing carrying out South Wimbledon conveyancing searches. Without searches you have no clarity over flooding, environmental etc which may mean you walk away due to potential problems down the line. If you are buying mortgage free there is no legal necessity to have them, but we would absolutely advise in no uncertain terms that your conveyancer conducts them. If timings and cost are top of your concerns you should discuss with your solicitor about the options such as indemnity insurance available to you
I am helping my mother sell her property in South Wimbledon. Does the conveyancer arrange an energy performance certificate or do I organise this?
Following the abolition of Home Information Packs, energy assessments was retained a required component of moving house. An energy assessment must be commissioned before the property is advertised. This is not as aspect of the sale process that law firms ordinarily arrange. Where you are instructing a South Wimbledon conveyancing solicitor they might help arrange energy assessments given their contacts with long established local providers
I am the single recipient of my late grandmother’s will with all property in now in my sole name, including the house in South Wimbledon. The South Wimbledon property was put into my name in October. I want to move. I do know about the Mortgage Lenders 6 month 'rule', meaning my proprietorship may be treated the same way as if I'd bought the property in October. Is the property unsalable for six months?
The Council of Mortgage Lenders’ handbook requires conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you might be affected by that. How practical a view banks take of it, depend on the lender as this clause is principally there to identify the purchase and immediately sell or the flipping of property.
I have paid off my mortgage with Lloyds. I assume I don't need a South Wimbledon conveyancing practitioner on the Lloyds panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Lloyds 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 Lloyds mortgage from the register. Lloyds, 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 Lloyds has sent the Land Registry the discharge electronically, and
- Lloyds has instructed the Land Registry to do so
Will my lawyer be raising questions about flooding during the conveyancing in South Wimbledon.
Flooding is a growing risk for lawyers conducting conveyancing in South Wimbledon. Plenty of people will purchase a property in South Wimbledon, fully expectant that at some time, it may be flooded. However, aside from the physical destruction, where a property is at risk of flooding, it may be difficult to obtain a mortgage, suitable insurance cover, or sell the premises. Steps can be carried out as part of the conveyancing process to forewarn the purchaser.
Lawyers are not best placed to give advice on flood risk, however there are a numerous checks that can be undertaken by the buyer or by their lawyers which can give them a better appreciation of the risks in South Wimbledon. The standard completed inquiry forms sent to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) incorporates a usual inquiry of the owner to discover whether the premises has historically flooded. If the premises has been flooded in past which is not disclosed by the vendor, then a purchaser may bring a claim for damages as a result of such an inaccurate response. A purchaser’s lawyers will also conduct an environmental search. This should reveal if there is any known flood risk. If so, additional investigations will need to be made.
Yesterday I discovered that there is a flying freehold issue on a property I put an offer in last month in what was supposed to be a quick, chain free conveyancing. South Wimbledon is where the house is located. Can you shed any light on this issue?
Flying freeholds in South Wimbledon are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in South Wimbledon you must be sure that your lawyer goes through the deeds diligently. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in South Wimbledon 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.
As co-executor for the estate of my aunt I am disposing of a house in Monmouth but reside in South Wimbledon. My conveyancer (approximately 250 kilometers awayrequires that I execute a stat dec before the transaction finalising. Could you suggest a conveyancing solicitor in South Wimbledon to witness this legal document for me?
Technically speaking you are unlikely to need to have the documents witnessed by a conveyancing solicitor. Ordinarily or notary public or solicitor will do regardless of whether they are South Wimbledon based