We are getting closer to an exchange on a flat in Southend and my mum and dad have sent the 10% deposit to my conveyancer. I am now informed that as the deposit has been sent from someone other than me my lawyer needs to make a notification to my mortgage company. I am advised that, in also acting for the lender he must inform them that the balance of the purchase price is coming from anyone other than me. I advised the lender about my parents' contribution when I applied for the mortgage, so is it really necessary for him to raise this?
Your solicitor is legally required to check with mortgage company to make sure that they know that the balance of the purchase price is not from your own funds. The solicitor can only report this to your mortgage company if you permit them to, failing which, your lawyer must cease to continue acting.
We had chosen conveyancers based in Southend on the Nationwide solicitor approved list. They are now charging me an additional fee for handling the Nationwide mortgage. Is this a supplemental conveyancing fee set by Nationwide?
Provided it is contained in their Terms and Conditions or Quote then yes your lawyer may charge a fee for this. This fee is not dictated by Nationwide but by your Southend conveyancing practitioner. Some firms on the Nationwide panel will levy ’dealing with mortgage’ fee and others do not.
I am expecting a DIP from Aldermore this week so we can work out what to offer on a property we like as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Aldermore recommend any Southend solicitors on the Aldermore conveyancing panel, or is it better to go independently?
You will need to appoint Southend solicitors independently although you'll need to choose one on the Aldermore conveyancing panel. The solicitor represents both you and Aldermore through the process.
The formalities of my purchase has taken place for my property in Southend. Conveyancing was satisfactory but I feel I should register my dissatisfaction about the lender. How does one go about formally complaining?
All banks and building societies have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Care Department at head office. Ordinarily complaints to a lender are resolved effectively and efficiently. If you feel the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR who will take matters further.
What does a local search inform me concerning the house I am purchasing in Southend?
Southend conveyancing often starts with the ordering local authority searches directly from your local Authority or through a personal search company such as Onsearch The local search is essential in every Southend conveyancing purchase; that is if you don’t want any unpleasant surprises after you move into your property. The search should provide information on, amongst other things, details on planning applications relevant to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen topic areas.
It has been 3 months since my purchase conveyancing in Southend concluded. I have checked the Land Registry site which shows that I paid £150,000 when infact I paid £170,000. 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.
Do you have any top tips for leasehold conveyancing in Southend from the perspective of speeding up the sale process?
- A significant proportion of the delay in leasehold conveyancing in Southend can be avoided where you get in touch lawyers the minute you market your property and ask them to put together the leasehold documentation needed by the buyers’ conveyancers. Many freeholders or managing agents in Southend charge for providing management packs for a leasehold property. You or your lawyers should enquire as to the fee that they propose to charge. The management pack sought as soon as you have a buyer, thus reducing delays. The typical amount of time it takes to receive management information is three weeks. It is the most usual cause of delay in leasehold conveyancing in Southend. Some Southend leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. The bank reference will need to confirm that the buyers are financially capable of paying the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the service charge figures so that they can pass this information on to the purchasers or their solicitors. If you hold a share in a the Management Company, you should ensure that you have the original share document. Arranging a re-issued share certificate is often a lengthy formality and delays many a Southend home move. Where a new share is required, do contact the company director and secretary or managing agents (if applicable) for this as soon as possible.
I have had difficulty in seeking a lease extension in Southend. Can this matter be resolved via the Leasehold Valuation Tribunal?
if there is a missing landlord or where there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the Leasehold Valuation Tribunal to make a decision on the sum to be paid.
An example of a Freehold Enfranchisement matter before the tribunal for a Southend property is 75 Woolstone Road in February 2012. the decision of the Tribunal was that the appropriate amount to be paid to purchase the freehold was the sum of £17,711 . This case affected 2 flats. The number of years remaining on the existing lease(s) was 68.28 and 158.
Should one as executor remove a deceased person's name from the title register for a house in Southend?
Where a Southend property is co-owned and one of the proprietors dies, the name will not immediately be removed from the title deeds. You are not required to remove their name as when it comes to a sale your lawyer would just need to evidence as to the reason the joint proprietor is not a party to the contract, usually this takes the form of the probate documents.
With a view to making things smoother for the sale of the property you may apply to have the deceased name removed from the title by applying to HMLR with proof of the death. There is no charge from the Registry for this service.