My conveyancer has discovered a a legal deficiency with the lease for the apartment we are purchasing in Brighouse and Rastrick. The other side have suggested defective title insurance as a solution. We are happy with insurance and will pay for it. Our conveyancing practitioner has advised that he must ensure that the mortgage company is happy with this solution. Who is the client here, us or the mortgage company ?
Regardless of the fact that you have a mortgage offer from the mortgage company does not mean to say that the property will meet their conditions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook specifications. You and the bank are the client. These conveyancing instructions must be adhered to.
I just bought a property at auction in Brighouse and Rastrick. Conveyancing is needed. What is next?
Now that you are to all intents and purposes signed on the dotted line you will need to retain a conveyancing practitioner soon as you now have a pending deadline in which to complete the deal. Every auction property will have a bespoke auction pack. This should include the copy title deeds, local authority and drainage searches. In the case of leasehold property the auction papers may contain a copy of the lease, management information and a sellers leasehold information form and other conveyancing documentation specific to leasehold premises. You need to hand this to the lawyer instructed by you at the earliest opportunity. Do make sure that that you have the requisite funding in place to complete on the date specified in the contract.
This question may be naive but I am unseasoned as FTB of a two bedroom flat in Brighouse and Rastrick. Do I pick up the keys to the house on the completion date from my solicitor? If this is the case, I will instruct a local conveyancing solicitor in Brighouse and Rastrick?
There is no need to visit the lawyers office on the day of completion. Conveyancing lawyers for you will electronically transfer the purchase money to the owner’s solicitors, and once they have received this, you should be called to receive the keys from the selling Agents and move into your new home. Usually this occurs between 1 and 3pm.
I can not work out if my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Brighouse and Rastrick bank branch on a couple of occasions and was advised it wasn't an issue and they will lend. My Brighouse and Rastrick conveyancing solicitor - who is on the mortgage company conveyancing panel- telephoned to say that they would not lend in accordance with their published requirements. Who do I believe?
Provided that the solicitor is on the bank panel, they must adhere to the Council of Mortgage Lenders’ Handbook conditions for the 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 remaining.
Due to the advice of my in-laws I had a survey completed on a house in Brighouse and Rastrick prior to instructing lawyers. I have been told that there is a flying freehold aspect to the house. Our surveyor has said that some lenders will refuse to give a loan on a flying freehold house.
It varies from the lender to lender. Lloyds has different requirements from Birmingham Midshires. Should you wish to telephone us we can investigate further via the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Brighouse and Rastrick. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Brighouse and Rastrick to see if the conveyancing will be more expensive.
What tools are available to search for a Brighouse and Rastrick solicitor on the Godiva Mortgages Ltd conveyancing panel? I have a car and am willing to travel upto 20kilometers to meet the conveyancer.
You can use the tool on this website. Please pick a mortgage company and your location and you will see a number of Brighouse and Rastrick conveyancing lawyers locally. We have detailed some Brighouse and Rastrick conveyancing firms at the bottom of this page and you can call them to check whether they are on the Godiva Mortgages Ltd approved list
I have recently realised that I have Seventy years remaining on my lease in Brighouse and Rastrick. I need to get lease extension but my freeholder is can not be found. What options are available to me?
On the basis that you qualify, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the County Court for for permission to dispense with the service of the initial notice. This will enable the lease to be lengthened by the magistrate. You will be obliged to demonstrate that you have done all that could be expected to find the landlord. On the whole a specialist should be useful to try and locate and to produce a report to be accepted by the court as proof that the landlord is indeed missing. It is advisable to get professional help from a conveyancer both on investigating the landlord’s absence and the application to the County Court covering Brighouse and Rastrick.
Brighouse and Rastrick Conveyancing for Leasehold Flats - Sample of Queries Prior to buying
-
Are any of leasehold owners in arrears of their service charge payments? What prohibitions are contained in the Brighouse and Rastrick Lease? The majority of Brighouse and Rastrick leasehold flats will have a service bill for maintenance of the building set by the landlord. Should you buy the apartment you will have to meet this amount, normally quarterly accross the year. This may vary from several hundred pounds to thousands of pounds for large purpose-built blocks. There will also be a rentcharge to be met yearly, normally this is not a significant figure, say around £50-£100 but you should to check as occasionally it could be many hundreds of pounds.
The conveyancing solicitors conducting our conveyancing in Brighouse and Rastrick has sent documents to review that indicate that the property is unregistered with epitome documents. Why is the property not currently recorded at the Land Registry?
Although the vast majorities of properties in Brighouse and Rastrick are now registered with HM Land Registry there are still a few that are unregistered. Any property in Brighouse and Rastrick that has been remortgaged since the late 1980’s will have been registered at the HMLR under the compulsory ‘first registration’ scheme. However, if a Brighouse and Rastrick property has not changed hands in that time then it’s likely the old fashioned title deeds will be the only evidence of ownership.Many Brighouse and Rastrick conveyancing practitioners will be able to handle this type of conveyancing but where uncertainty prevails the usual recommendation presently is for the vendor’s solicitor to deal with the registration formalities first and subsequently deal with the disposal - this will predictably cause a prolonged transaction.