My uncle passed away six months ago and as sole heir and executor I was left the house in Tottenham. The house had a relatively small loan remaining of approximately £5k. I want to transfer the title deeds into my name whilst I re-mortgage to Aldermore, pay off the mortgage. Is this possible?
Given you plan to re-mortgage then Aldermore will insist on your using a conveyancer on the Aldermore conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Aldermore conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Aldermore mortgage is registered as a charge at the Land Registry.
I am assisting my step-mother sell her property in Tottenham. Will the conveyancing solicitor arrange the energy assessment or it is for the owner to coordinate?
Following the demise of Home Packs, EPC’s was left as a mandatory element of moving property. An energy assessment must be commissioned in advance of the property being put on the market. It is not something that conveyancers ordinarily organise. If you are using a Tottenham conveyancing solicitor they might be able to arrange energy performance certificates given their contacts with reputable local providers
Is it correct that all Tottenham CQS (Conveyancing Quality Scheme) solicitors are on the Yorkshire BS conveyancing list of approved firms?
Some major banks and building societies now utilise CQS as the starting point for Panel approval such as HSBC and Santander. The Law Society’s CQS accreditation however is no guarantee to lender panel acceptance. Nevertheless,the CML have indicated that it is likely to become a pre-requisite for solicitors wishing to join their approved list of firms.
Last month we had a mortgage agreed in principle with Leeds Building Society. Tottenham conveyancing solicitors are instructed. How long does it take for Leeds Building Society to send the offer to the property lawyer?
There is no definitive answer here. Have Leeds Building Society completed the survey? Have you advised Leeds Building Society as to your lawyers' details and checked that your lawyers are on the Leeds Building Society conveyancing panel? Sometimes it can take as long as six weeks for a mortgage offer to be issued.
Will my conveyancer be raising enquiries concerning flooding during the conveyancing in Tottenham.
The risk of flooding is if increasing concern for conveyancers carrying out conveyancing in Tottenham. There are those who buy a house in Tottenham, fully expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, if a house is at risk of flooding, it may be difficult to obtain a mortgage, suitable insurance cover, or dispose of the premises. Steps can be carried out during the course of a house purchase to forewarn the purchaser.
Solicitors are not best placed to offer advice on flood risk, but there are a numerous checks that can be initiated by the buyer or on a buyer’s behalf which should give them a better understanding of the risks in Tottenham. The standard information given to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual inquiry of the owner to discover if the premises has suffered from flooding. In the event that the property has been flooded in past and is not notified by the vendor, then a purchaser could commence a claim for damages stemming from an inaccurate reply. The purchaser’s lawyers should also carry out an environmental search. This will reveal if there is a recorded flood risk. If so, further investigations should be made.
I have a semi-detached Edwardian property in Tottenham. Conveyancing practitioner represented me and Skipton Building Society. I did a free Land Registry search last week and I saw two entries: the first freehold, another for leasehold with the matching address. I'd like to know for sure, how can I find out??
You need to review the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Tottenham and other areas of the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also check the position with your conveyancing lawyer who carried out the work.
I am employed by a busy estate agency in Tottenham where we see a number of leasehold sales put at risk due to short leases. I have received contradictory information from local Tottenham conveyancing solicitors. Could you shed some light as to whether the seller of a flat can instigate the lease extension formalities for the purchaser on completion of the sale?
As long as the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to kick-start 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 needs to be completed prior to, or simultaneously with completion of the sale.
An alternative approach is to extend the lease informally by agreement with the landlord 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.
We have reached the end of our tether in trying to reach an agreement for a lease extension in Tottenham. Can this matter be resolved via the Leasehold Valuation Tribunal?
You certainly can. We are happy to put you in touch with a Tottenham conveyancing firm who can help.
An example of a Freehold Enfranchisement case for a Tottenham residence is 30 Strode Road in June 2013. Following a vesting order by Edmonton County Court on 20th February 2013 the Tribunal arrived at a valuation for enfranchisement of £10,256 for the premises (£4,074 for the Ground Floor Flat and £6182 for the First Floor Flat) and £100 for the appurtenant land. This case related to 2 flats. The unexpired lease term was 83.33 and 77.3.
My husband and I are disposing of a Tottenham house left to us 5 years ago in 2010. I have over a decades worth of conveyancing experience and, although retired, intend to carry out the conveyancing. The buyer's solicitor has informed me that their mortgage company will not allow you to do your own conveyancing mandating that the funds to be transferred to a solicitor's bank account.
Mortgage requirements to conveyancers from all CML members specify that If the seller does not have legal representation the buyer’s lawyers should check whether the lender needs to be told so that a decision can be reached if they are willing to move forward.