It is a dozen years since I bought my house in Milnthorpe. Conveyancing solicitors have recently been appointed on the sale but I am unable to locate my title documents. Is this a major issue?
Don’t worry too much. First there is a chance that the deeds will be kept by the mortgage company or they may be in the possession of the lawyers who handled your purchase. Secondly the likelihood is that the land will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing solicitors procuring up to date copy of the land registers. Nearly all conveyancing in Milnthorpe relates to registered property but in the rare situation where your property is not registered it adds to the complexity but is not insurmountable.
Completion of my remortgage has taken place for my property in Milnthorpe. Conveyancing was of an acceptable standard but I would like to complain about the lender. How does one go about formally complaining?
Most banks and building societies have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Services Team at head office. We understand that complaints to a lender are sorted out very quickly. If you feel the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR with full details of your complaint.
It is not clear whether my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Milnthorpe bank branch on various occasions and was reassured it wasn't a problem and they would lend. My Milnthorpe conveyancing solicitor - who is on the mortgage company conveyancing panel- telephoned and was told they refuse to lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. I simply don't know who is right.
Your lawyer must follow the Council of Mortgage Lenders’ Handbook section two specifications for your bank. Unless your lawyer obtains specific confirmation in writing that the mortgage company will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
After weeks of negotiation I have agreed a price on an apartment in Milnthorpe. My financial adviser recommended their conveyancers. I paid an on account payment of £150. A few days later, the lawyer called me sheepishly admitting that they were not on the Clydesdale conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Clydesdale panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
Will my conveyancer be asking questions regarding flooding as part of the conveyancing in Milnthorpe.
Flooding is a growing risk for lawyers dealing with homes in Milnthorpe. There are those who purchase a house in Milnthorpe, completely aware that at some time, it may be flooded. However, leaving to one side the physical destruction, where a property is at risk of flooding, it may be difficult to obtain a mortgage, satisfactory building insurance, or sell the premises. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Solicitors are not qualified to impart advice on flood risk, but there are a number of searches that may be carried out by the purchaser or on a buyer’s behalf which can give them a better appreciation of the risks in Milnthorpe. The standard information given to a buyer’s lawyer (where the Conveyancing Protocol is adopted) contains a standard inquiry of the vendor to find out if the property has suffered from flooding. If flooding has previously occurred and is not notified by the vendor, then a purchaser may issue a legal claim for losses stemming from an incorrect reply. The buyer’s conveyancers should also conduct an environmental report. This will higlight whether there is any known flood risk. If so, further inquiries will need to be made.
I have recently realised that I have Seventy years left on my lease in Milnthorpe. I am keen to get lease extension but my freeholder is missing. What are my options?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for for permission to dispense with the service of the initial notice. This will mean that your lease can be granted an extra 90 years by the magistrate. You will be obliged to prove that you or your lawyers have made all reasonable attempts to locate the freeholder. In some cases a specialist would be useful to carry out a search and to produce a report to be used as evidence that the landlord is indeed missing. It is advisable to get professional help from a solicitor in relation to devolving into the landlord’s disappearance and the application to the County Court covering Milnthorpe.
I am the registered owner of a 2 bed flat in Milnthorpe, conveyancing was carried out 8 years ago. Can you let me have an estimated range of the fair premium for a lease extension? Equivalent flats in Milnthorpe with a long lease are worth £181,000. The ground rent is £55 charged once a year. The lease ceases on 21st October 2076
You have 51 years unexpired the likely cost is going to span between £30,400 and £35,200 plus costs.
The figure above a general guide to costs for renewing a lease, but we are not able to supply the actual costs in the absence of detailed investigations. Do not use this information in a Notice of Claim or as an informal offer. There may be other concerns that need to be considered and you obviously should be as accurate as possible in your negotiations. Please do not take any other action placing reliance on this information before seeking the advice of a professional.
I am contemplating choosing an online property lawyer ahead of a Milnthorpe conveyancing firm. Any advice?
Advantages do exist in being able to pop in to a local Milnthorpe conveyancing solicitor for example
- signing papers on short notice
- having face-to-face explanations of issues you don't understand
- the ability to complain if things need to addressed
When checking quotes, look carefully for hidden extras. Most decent Milnthorpe high street solicitors give an all-inclusive figure. Often online companies appear to offer low cost fees, yet have hidden 'extras' in the in the terms and conditions.