As someone not used to conveyancing in Swadlincote what is your top tip you can impart concerning the house moving process in Swadlincote
Not many law firms or advisers will tell you this but conveyancing in Swadlincote or throughout England and Wales is an adversarial experience. Put another way, when it comes to conveyancing there is plenty of room for conflict between you and other parties involved in the legal transfer of property. For example, the seller, property agent and on occasion your mortgage company. Appointing a solicitor for your conveyancing in Swadlincote is a critical decision as your conveyancer is your adviser, and is the ONLY person in the legal process whose interest is to look after your legal interests and to protect you.
Sometimes a potential adversary may attempt to sway you that you should follow their advice. For instance, the property agent may claim to be helping by suggesting your solicitor is wrong. Or your mortgage broker may tell you to do take action that is contrary to your conveyancers guidance. You should always trust your lawyer above all other parties when it comes to the legal transfer of property.
I had a mortgage agreed in principle with UBS. Swadlincote conveyancing solicitors have been chosen. How long does it take for UBS to send the offer to the conveyancing practitioner?
There is no definitive answer here. Have UBS conducted the survey? Have you informed UBS as to your lawyers' details and checked that your lawyers are on the UBS conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.
I have paid off my mortgage with Nottingham. I assume I don't need a Swadlincote solicitor on the Nottingham panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Nottingham 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 Nottingham mortgage from the register. Nottingham, 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 Nottingham has sent the Land Registry the discharge electronically, and
- Nottingham has instructed the Land Registry to do so
I am currently in the process of buying my council flat in Swadlincote. I have a mortgage offer with Nottingham. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should use 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 Nottingham, you will need to appoint a solicitor on the Nottingham conveyancing panel.
Should our conveyancer be making enquiries regarding flooding during the conveyancing in Swadlincote.
The risk of flooding is if increasing concern for conveyancers dealing with homes in Swadlincote. There are those who buy a property in Swadlincote, completely expectant that at some time, it may be flooded. However, aside from the physical destruction, where a house is at risk of flooding, it may be difficult to get a mortgage, suitable insurance cover, or dispose of the premises. Steps can be carried out during the course of a property purchase to forewarn the purchaser.
Conveyancers are not best placed to impart advice on flood risk, but there are a numerous checks that can be undertaken by the buyer or on a buyer’s behalf which can figure out the risks in Swadlincote. The conventional set of information given to a purchaser’s conveyancer (where the Conveyancing Protocol is adopted) includes a usual question of the owner to find out whether the property has suffered from flooding. If flooding has previously occurred and is not revealed by the seller, then a purchaser may issue a claim for damages as a result of such an inaccurate reply. A buyer’s conveyancers will also conduct an enviro search. This will reveal if there is a recorded flood risk. If so, more detailed investigations will need to be conducted.
Due to the guidance of my in-laws I had a survey completed on a house in Swadlincote ahead of retaining lawyers. I have been advised that there is a flying freehold element to the house. The surveyor has said that some mortgage companies may refuse to issue a loan on such a house.
It varies from the lender to lender. Lloyds has different requirements for example to Birmingham Midshires. If you contact us we can check with the appropriate bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Swadlincote. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Swadlincote to see if the conveyancing costs will increase in light of this.
I am thinking of appointing a conveyancing practitioner in Swadlincote for my house move. Is there any facility to see a firm’s complaints history with the legal regulator?
Members of the public may read published Solicitor Regulator Association (SRA) determinations resulting from inquisitions commenced on or after 1 January 2008. Visit Check a solicitor's record. For details Pre 2008, or to check a firm's record, call 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For callers outside the UK, use +44 (0)121 329 6800. The regulator may monitor call for training purposes.
My wife and I purchased a leasehold house in Swadlincote. Conveyancing and Birmingham Midshires mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. It included a ground rent demand for rent dating back to 1991. The conveyancing practitioner in Swadlincote who previously acted has now retired. Any advice?
First contact the Land Registry to be sure that the individual purporting to own the freehold is indeed the registered owner of the freehold reversion. There is no need to instruct a Swadlincote conveyancing solicitor to do this as you can do this on the Land Registry website for less than a fiver. Rest assured that in any event, even if this is the legitimate freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Leasehold Conveyancing in Swadlincote - Sample of Questions you should consider Prior to Purchasing
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Make sure you discover if the the lease contains any onerous restrictions in the lease. For instance it is reasonably common in Swadlincote leases that pets are not permitted in certain buildings in Swadlincote. If you like the propertyin Swadlincote yet your dog is not allowed to live with you then you will be faced hard compromise. Plenty Swadlincote leasehold apartments will have a service charge for the upkeep of the building set by the landlord. Where you acquire the flat you will have to meet this contribution, normally in instalments throughout the year. This may vary from two or three hundred pounds to thousands of pounds for bigger purpose-built blocks. There will also be a ground rent for you to pay yearly, ordinarily this is not a large amount, say about £50-£100 but you need to check as occasionally it could be prohibitively expensive.