I am approaching an exchange on a flat in St Werburghs and my mum and dad have transferred the exchange deposit to my solicitor. I am now advised that as the deposit has not come from me my lawyer needs to disclose this to my mortgage company. Apparently, in also acting for the mortgage company he must inform them that the balance of the purchase price is not just from me. I advised the mortgage company regarding my parents' contribution when I applied for the home loan, so is it really necessary for this now to delay the deal?
The property lawyer is obliged to check with the bank to make sure that they are aware that the balance of the purchase price is not from your own resources. Your solicitor can only reveal this to your mortgage company if you permit them to, failing which, your lawyer must cease to continue acting.
I'm the only recipient of my late father’s will and I have everything in my name now, including the my former home in St Werburghs. The St Werburghs property was put into my name in February. I plan to dispose of the house. I do know about the CML 6 month 'rule', which means that my proprietorship may be considered the same way as if I'd bought the house in February. Is the property unsalable for six months?
The CML handbook requires conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you may be impacted by that. How practical a view mortgage companies take of it, depend on the mortgage company as this provision is principally there to capture the purchase and immediately sell or the flipping of property.
Is it the case that all St Werburghs conveyancing solicitors on the Barclays conveyancing panel are regulated by the Solicitors Regulatory Authority?
As a firm of solicitors, in order to be on the Barclays conveyancing panel they would need to be regulated by the SRA. Some lenders do allow licenced conveyancers on their panel and in such a situation the firms would be regulated by the Council of Licensed Conveyancers.
Completion of my remortgage has taken place for my property in St Werburghs. Conveyancing was satisfactory but I would like to complain about the lender. How do I make a complaint?
Almost all banks and building societies have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Care Department at head office. In most cases complaints to a lender are resolved effectively and efficiently. If you feel the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR who will take matters further.
I purchased a terraced Georgian house in St Werburghs. Conveyancing practitioner acted for me and Yorkshire Building Society. I happened to do a free search for it on the Land Registry database and there are two entries: one for freehold, the second leasehold under the matching property. Is it worth asking Yorkshire Building Society to clarify?
You should review the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in St Werburghs and other locations in the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with buyers. You can also check the position with your conveyancing practitioner who carried out the work.
How does conveyancing in St Werburghs differ for new build properties?
Most buyers of new build or newly converted property in St Werburghs come to us having been asked by the seller to sign contracts and commit to the purchase even before the property is completed. This is because house builders in St Werburghs tend to purchase the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in St Werburghs or who has acted in the same development.
My wife and I purchased a leasehold house in St Werburghs. Conveyancing and Coventry Building Society mortgage are in place. A letter has just been received from someone claiming to own the freehold. Attached was a demand for arrears of ground rent dating back to 1996. The conveyancing solicitor in St Werburghs who acted for me is not around. Any advice?
The first thing you should do is make enquiries of the Land Registry to make sure that the individual claiming to own the freehold is indeed the new freeholder. You do not need to incur the fees of a St Werburghs conveyancing solicitor to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I bought a 1 bedroom flat in St Werburghs, conveyancing having been completed June 2010. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Similar properties in St Werburghs with over 90 years remaining are worth £190,000. The ground rent is £65 yearly. The lease runs out on 21st October 2086
With 61 years remaining on your lease we estimate the price of your lease extension to range between £18,100 and £20,800 plus plus your own and the landlord's "reasonable" professional fees.
The suggested premium range that we have given is a general guide to costs for extending a lease, but we cannot give you the actual costs in the absence of comprehensive due diligence. Do not use the figures in tribunal or court proceedings. There may be other issues that need to be considered and you obviously want to be as accurate as possible in your negotiations. Neither should you move forward based on this information without first seeking the advice of a professional.