My son is in the process of securing a newly built flat in Norbury with a home loan from Clydesdale. His lawyer has said that there is a delay in receiving the ‘Disclosure of Incentive Form’. Who needs to receive the form?
The form is intended to provide information to the main parties engaged in the transaction. Therefore, it will be provided to your son’s lawyer who should be on the Clydesdale conveyancing panel as a standard part of the process, and to the valuer when asked. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Clydesdale conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
We had chosen conveyancing lawyers based in Norbury on the Skipton solicitor approved list. They are now charging me a supplemental charge for the legal aspects of the Skipton mortgage. Is this a supplemental conveyancing fee specified by Skipton?
Unfortunately, so long as it is in their Terms of Engagement or Quote then yes your lawyer may levy a fee for this. The fee is not dictated by Skipton but by your Norbury lawyer. Numerous firms on the Skipton panel will quote ’dealing with mortgage’ fee but plenty of firms include it on their overall fee.
I have paid off my mortgage with Principality. I assume I don't need a Norbury conveyancing practitioner on the Principality panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Principality 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 Principality mortgage from the register. Principality, 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 Principality has sent the Land Registry the discharge electronically, and
- Principality has instructed the Land Registry to do so
I was told two weeks ago that my mortgage has been agreed to by Nationwide. Is it usual for Nationwide to only issue the offer once my solicitor in Norbury is approved on their conveyancing panel? Nationwide have asked my solicitor to see a copy of their PI Insurance.
A lender would not issue an offer until they have details of a lawyer on their panel. It can take a few weeks for Nationwide to deal with your lawyer's application to be on the Nationwide conveyancing panel. There's no guarantee that your solicitor will be accepted.
Yesterday I discovered that there is a flying freehold issue on a house I put an offer in last month in what should have been a simple, chain free conveyancing. Norbury is where the house is located. Can you shed any light on this issue?
Flying freeholds in Norbury are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Norbury you must be sure that your lawyer goes through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Norbury may determine that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
My cousin has urged me to use his conveyancers in Norbury. Should I use them?
No doubt it’s preferable to find a conveyancing solicitor is to get feedback from friends or family who have used the conveyancer you're are thinking of instructing.
My aunt purchased her house in Norbury 7 years ago. She has since got married, divorced and has recently remarried. She wishes to market the property in a couple of months. I believe she will simply be requested to provide a copy of her marriage papers to the conveyancer but she is anxious it will hold up the house sale. Should she appoint a lawyer to update the Land Registry details for the house?
It is not absolutely necessary to bring up to date the register providing you have the proof required to demonstrate how the name change has come about.
The purchaser’s lawyer should check the registered information and require evidence to establish the change of name for instance marriage certificates.