My wife and I are planning to purchase a property in Anlaby and have instructed a Anlaby conveyancing practice. Within the past 48 hours our solicitor has sent a preliminary report and documents to look through with a view to exchanging next week. Godiva Mortgages Ltd have this evening contacted us to advise us that there is now an issue as our Anlaby conveyancer is not on their conveyancing panel. Is this a problem?
When purchasing a property with the benefit of a mortgage it is usual for the purchasers' solicitors to also act for the mortgage company. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Quality Scheme. Your property lawyer should contact your lender and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You are not legally obliged to appoint a law firm on the lender’s conveyancing panel and you may continue to use your own Anlaby solicitors, in which case it will likely add costs, and it may delay matters as you are adding another lawyer into the mix.
The Anlaby conveyancing firm handling our Anlaby conveyancing has discovered an inconsistency when comparing the assumptions in the home valuation report and what is revealed within the title deeds. My lawyer has advised that he must check that the lender is OK with this discrepancy and is still content to lend. Is my solicitor’s course or action legitimate?
Your conveyancer must comply with the UK Finance Lenders’ Handbook specifications 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 with no idea as to the Anlaby conveyancing process what is the number one tip you can impart concerning the house moving process in Anlaby
Not many law firms shout this from the rooftops but conveyancing in Anlaby and elsewhere in England and Wales is often a confrontational experience. In other words, when it comes to conveyancing there exists plenty of opportunity for friction between you and others involved in the ownership transfer. For example, the vendor, estate agent and on occasion a bank. Selecting a law firm for your conveyancing in Anlaby is a critical decision as your conveyancer is your adviser, and is the SOLE person in the process whose responsibility is to protect your legal interests and to keep you safe.
Sometimes a third party with a vested interest may attempt to sway you that you should follow their advice. For example, the selling agent may claim to be assisting by suggesting your conveyancer is wrong. Or your mortgage broker may tell you to do take action that is contrary to your conveyancers recommendation. You should always trust your lawyer above all other parties in the home moving process.
My grandmother passed away 10 months ago and as sole heir and executor I was left the property in Anlaby. The house had a small mortgage remaining of approximately £8000. I want to have the title changed into my name whilst I re-mortgage to Bank of Ireland, pay off the mortgage. Is this possible?
Where you plan to re-mortgage then Bank of Ireland will require that you use a conveyancer on the Bank of Ireland 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 Bank of Ireland 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 Bank of Ireland mortgage is registered as a charge at the Land Registry.
As co-executor for the will of my father I am selling a property in Monmouth but live in Anlaby. My lawyer (based 300 miles from mehas requested that I sign a stat dec before completion. Could you suggest a conveyancing lawyer in Anlaby who can witness this legal document for me?
Technically speaking you should not be required to have the documents attested by a conveyancing solicitor. Ordinarily or notary public or qualified solicitor will do regardless of whether they are located in Anlaby
Last March I purchased a leasehold house in Anlaby. Do I have any liability for service charges relating to a period prior to my ownership?
In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. However, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to be sure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Leasehold Conveyancing in Anlaby - A selection of Queries before buying
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The best form of lease structure is a share of the freehold. In this scenario the leaseholders enjoy control and although a managing agent is frequently employed where the building is larger than a house conversion, the managing agent acts for the leaseholders themselves. It would be wise to find out as much as possible concerning the managing agents as they will affect your use and enjoyment of the property. Being a leasehold owner you are often at the mercy of the managing agents both financially and when it comes to day to day matters like the cleanliness of the communal areas. Enquire of other people if they are happy with their service. In conclusion, be sure you understand the dates that you are obliged pay the service charge to the appropriate party and precisely what you get for your money. This information is helpful as a) areas could result in problems for the block as the communal areas may begin to deteriorate where services are not paid for b) if the leasehold owners have a dispute with the managing agents you will want to know about it