I am the only beneficiary of my late grandmother’s will and I have everything in my name now, including the my former home in Oldham. The Oldham property was put into my name in October. I plan to dispose of the property. I do know about the CML 6 month 'rule', which means that my property ownership could be treated the same way as though I had purchased the house in October. Is the property unsalable for six months?
The CML handbook obliges solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you might be caught by that. many mortgage companies would take a practical view as this clause primarily exists to capture the purchase and immediately sell or the wholesaling and assigning of properties.
Is it the case that all Oldham solicitor firms on the Aldermore conveyancing panel are governed by the Solicitors Regulatory Authority?
As a firm of solicitors, in order to be on the Aldermore conveyancing panel they would need to be regulated by the Solicitors Regulatory Authority. Some banks do allow licenced conveyancers on their panel in which case such firms would be regulated by the CLC.
I can not fathom if my mortgage offer obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Oldham building society branch on various occasions and was told they are content with the situation and they would lend. My Oldham conveyancing solicitor - who is on the lender conveyancing panel- called and was told they would not lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. I simply don't know who is right.
The lawyer has to follow the CML Handbook section two requirements for your bank. Unless your lawyer obtains specific confirmation in writing that the bank 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.
I am buying a property and the solicitor has mentioned Chancel Repair for which the house may be obligated to pay as it falls into the area of such a church. She has suggested insurance. Is this strictly warranted for conveyancing in Oldham
Unless a previous acquisition of the house completed post 12 October 2013 you may assume that solicitors carrying out conveyancing in Oldham to continue to suggest a chancel search and or insurance against a claim.
I used Arc property Solicitors a few years ago for my conveyancing in Oldham. I now require my file however the law firm is no longer operating. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Oldham of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I decided to have a survey carried out on a property in Oldham before retaining solicitors. I have been advised that there is a flying freehold aspect to the house. Our surveyor advised that some lenders will not give a loan on such a home.
It varies from the lender to lender. HSBC has different requirements for example to Halifax. If you e-mail us we can investigate further via the appropriate lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Oldham. Conveyancing will be smoother if you use a solicitor in Oldham especially if they are accustomed to such properties in Oldham.
I pay a maintenance fee for my first floor flat in Oldham. As a result of poor financial planning I slipped into arrears with remittance. The freeholders agreed a clearance schedule but there is still a couple of currently due.
I am under pressure to dispose of the property and I am nervous that this will hold me back if I have to pay off the arrears in advance. I'd like to sell up and subsequently pay them back with the proceeds - is this achievable?
Your solicitor should be in a position to negotiate with the appropriate parties, and agree with them whether or not they would accept payment from completion monies. This is an example of why it might be good to appoint a conveyancing practitioner in Oldham as they are likely to have an established relationship with the parties.