The Park Hill conveyancing firm handling our Park Hill conveyancing has identified a difference between the assumptions in the home valuation survey and what is revealed within the conveyancing documents. My lawyer says that he is duty bound to check that the lender is happy with this discrepancy and is content to go ahead. Is my conveyancer’s stance right?
Your solicitor must comply with the UK Finance Lenders’ Handbook conditions which do require that your lawyer disclose any incorrect assumptions in the lender’s valuation report and the legal papers. Should you refuse to allow your lawyer to make the appropriate notification then your lawyer will have no choice but to discontinue acting for you.
As someone not used to the Park Hill conveyancing process what is your top tip you can impart concerning the legal transfer of property in Park Hill
You may not hear this from too many lawyers but conveyancing in Park Hill or throughout England and Wales is an adversarial experience. Put another way, when it comes to conveyancing there is plenty of opportunity for conflict between you and others involved in the transaction. For example, the seller, property agent and sometimes the bank. Selecting a law firm for your conveyancing in Park Hill is a critical decision as your conveyancer is your adviser, and is the ONLY party in the transaction whose responsibility is to act in your legal interests and to keep you safe.
There is a definite ongoing adversarial element to conveyancing- someone has to be blamed for the process taking so long. You your first instinct should be to trust your lawyer ahead of the other players in the conveyancing process.
My uncle passed away last year and as sole heir and executor I was left the house in Park Hill. The house had a small mortgage remaining of approximately £8000. I want to transfer the title deeds into my name whilst I re-mortgage to Principality, pay off the mortgage. Is this allowed?
If you intend to refinance then Principality will insist on your using a conveyancer on the Principality 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 Principality 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 Principality mortgage is registered as a charge at the Land Registry.
I am purchasing a property in Park Hill. A rare aspect is that the roof has a solar panel. Co-operative have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
Given that you are obtaining a mortgage with Co-operative your lawyer must follow the formal instructions set out in Section two of UK Finance Lenders’ Handbook for Co-operative. The CML Handbook stipulates minimum specifications for solar panel roof-space leases, and lawyers are required to report to Co-operative where a lease does not meet these specifications. The requirements relate to the installation of panels on properties in England and Wales and is not isolated to Park Hill.
I'm at the point of viewing houses in Park Hill and I am about to put in an offer. Is it sensible to have a solicitor on ‘stand by’? I am planning to take a mortgage with Co-operative.
You should start obtaining conveyancing quotes from solicitors ASAP. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and forward their contact information on to the selling agent. As you are getting a mortgage with Co-operative, ask your prospective lawyers if they are on the Co-operative conveyancing panel otherwise they can't do the mortgage legal work.
I have a mortgage with RBS for my property in Park Hill. Conveyancing was finalised months ago. In the event that I decide to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform RBS?
RBS must be informed of your intention prior to letting out your property as this is likely to be a breach of RBS’s mortgage conditions. It may be that RBS will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact RBS directly. You need not do this via a RBS conveyancing panel firm.
Will our solicitor be making enquiries about flooding during the conveyancing in Park Hill.
Flooding is a growing risk for lawyers conducting conveyancing in Park Hill. There are those who acquire a property in Park Hill, completely aware 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 get a mortgage, suitable insurance cover, or sell the premises. Steps can be carried out during the course of a house purchase to forewarn the buyer.
Conveyancers are not qualified to offer advice on flood risk, however there are a number of searches that can be initiated by the purchaser or on a buyer’s behalf which can figure out the risks in Park Hill. The conventional set of information given to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) includes a standard inquiry of the owner to determine if the property has historically flooded. In the event that flooding has previously occurred and is not notified by the vendor, then a purchaser could commence a claim for damages as a result of such an misleading reply. A buyer’s lawyers will also carry out an enviro search. This will reveal if there is a recorded flood risk. If so, more detailed investigations should be carried out.