As someone not used to the Winchelsea conveyancing process what is the number one tip you can impart concerning the legal transfer of property in Winchelsea
You may not hear this from too many lawyers but conveyancing in Winchelsea or throughout East Sussex is often a confrontational process. Put another way, when it comes to conveyancing there is plenty of opportunity for conflict between you and others involved in the legal transfer of property. E.g., the seller, selling agent and even potentially a bank. Selecting a law firm for your conveyancing in Winchelsea should not be taken lightly as your conveyancer is your adviser, and is the ONLY person in the process whose responsibility is to act in your best interests and to keep you safe.
Sometimes a potential adversary may try and convince you that it is in your interests to do things their way. As an example, the estate agent may claim to be assisting by suggesting your lawyer is wrong. Or your mortgage broker may advise you to do something that is against your solicitors guidance. You should always trust your lawyer above all other parties in the conveyancing process.
My wife and I have recently appointed a conveyancing solicitor in Winchelsea. I need to find out whether they are on the Leeds Building Society approved list of lawyers. Can you or the lender confirm if they are on the panel?
The first thing to do is call your lawyer and enquire whether they are on the lender panel. Alternatively please get in touch with Leeds Building Society who may be able to confirm.
I am expecting a AIP from UBS this week so we know how much we could potentially offer as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do UBS recommend any Winchelsea solicitors on the UBS conveyancing panel, or is it better to find our own lawyer?
You will need to appoint Winchelsea solicitors independently although you'll need to choose one on the UBS conveyancing panel. The solicitor represents both you and UBS through the process.
I have paid off my mortgage with UBS. I assume I don't need a Winchelsea lawyer on the UBS panel to discharge the mortgage at the Land Registry. Please confirm.
If you have finished paying off your UBS 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 UBS mortgage from the register. UBS, 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 UBS has sent the Land Registry the discharge electronically, and
- UBS has instructed the Land Registry to do so
Having digested plenty of house buying guides, I note that it is considered advisable to get your house surveyed prior to buying it. When I asked my local Winchelsea solicitor - who is on the RBS conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. Is that normal?
RBS will need an independent valuation of the property. Your lawyer will not arrange this. Usually RBS will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Winchelsea surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
I am buying my first flat in Winchelsea with a mortgage from Halifax. The builders refused to budge the price so I negotiated 6k of fixtures and fittings instead. The estate agent suggested that I not inform my lawyer about the extras as it could jeopardize my loan with Halifax. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I decided to have a survey carried out on a property in Winchelsea before retaining lawyers. I have been advised that there is a flying freehold element to the property. Our surveyor has said that some lenders may refuse to issue a loan on a flying freehold premises.
It depends who your proposed lender is. HSBC has different requirements for example to Birmingham Midshires. Should you wish to call us we can check with the relevant bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Winchelsea. Conveyancing may be slightly more expensive based on your lender's requirements.
I bought a house in Winchelsea last 15/3/2021 and to date it is still not recorded with HMLR. It is part of a development site and my conveyancer told me that it may take one year to complete the registration formalities. I have spoken with HMLR directly and they have informed me the initial application was cancelled due to questions not being addressed in time. Do I need to be concerned?
It is your lawyer that you should get in touch with in order to satisfy any issues which have arisen as part of the registration formalities for your Winchelsea property. Normal Winchelsea conveyancing practice includes an undertaking on the part of the previous owner’s conveyancer that they will assist in resolving any requirements raised by HMLR so it may be a case of taking action to enforce that undertaking if necessary.