My wife and I are acquiring a newly built flat in Barnehurst and my solicitor is telling me that she is duty bound to the bank to reveal incentives from the developer. I am under pressure to sign contracts and I don't want to delay deal. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your solicitor. A precondition to being on a mortgage company panel is to comply with the UK Finance Lenders’ Handbook requirements. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
Is it necessary during the course of the conveyancing process to pop into the offices of the solicitor to sign the legal charge? If so, I will instruct a firm who offer conveyancing in Barnehurst so that I can pop in to their offices when needed.
Whereas this was necessary twenty years ago, most mortgage companies no longer require their conveyancing panel lawyer to witness the mortgagors signature. You will still be obliged to hand over identification documents and there are still distinct advantages to using a local solicitor, in your case a conveyancing solicitor in Barnehurst.
I purchased a terraced Victorian house in Barnehurst. Conveyancing practitioner acted for me and Norwich and Peterborough Building Society. I did a free Land Registry search last week and I saw a couple of entries: one for freehold, the second leasehold under the matching property. I'd like to know for sure, how can I find out??
You need to assess 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 Barnehurst and other areas of the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also check the position with the conveyancing solicitor who completed the work.
I'm buying my first flat in Barnehurst with a mortgage from The Mortgage Works. The sellers would not move on the price so I negotiated £7000 of fixtures and fittings instead. The property agent suggested that I not inform my conveyancer about this side-deal as it could affect my mortgage with the lender. Should I keep quiet?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
My husband and I are four weeks into a leasehold purchase having been directed to conveyancers by the selling agent to perform conveyancing in Barnehurst. I am not happy. Could you help me find new lawyers?
A solicitor would have to be very poor to suggest replacing them. Has your loan offer been issued? If so you will need to make them aware of the replacement conveyancer and have the mortgage documents are re-sent. Your new conveyancer should be on the lenders approved list to avoid supplemental costs and delays. So that should be your first question of the new solicitors. The find a solicitor tool should help you find a bank approved lawyer for your home move in Barnehurst
How does one as executor remove a departed person's name from the title register for a property in Barnehurst?
Where a Barnehurst property is co-owned and one of the owners passes away, the name will not automatically be removed from the title deeds. It is not necessary to amend the title as when it comes to a disposal you would simply be asked to evidence why the joint proprietor is missing from the contract, usually this is in the form of a grant of probate.
With a view to making the sale conveyancing simpler in the future you can arrange to have the deceased name removed from the title by submitting an application to HMLR with evidence of the death. There is no fee from the Registry for this service.