My partner and I are getting closer to an exchange on a house in Burntwood and my mum and dad have sent the exchange deposit to my conveyancer. I am now advised that as the deposit has not come from me my conveyancing practitioner needs to disclose this to my mortgage company. I am advised that, in also acting for the mortgage company he must advise them that the balance of the purchase price is not just from me. I advised the lender about my parents' contribution when I applied for the home loan, so is it really necessary for him to raise this?
The property lawyer is obliged to clarify with the bank to ensure that they are aware that the balance of the purchase price is not from your own resources. The solicitor can only report this to your mortgage company if you agree, failing which, your lawyer must cease to continue acting.
It is is a decade since I acquired my house in Burntwood. Conveyancing lawyers have now been instructed on the sale but I am unable to track down my deeds. Is this a problem?
You need not be too concerned. Firstly the deeds may be kept by your lender or they may be archived with the conveyancers who handled the purchase. Secondly the chances are that the title will be recorded at the land registry and you will be able to prove you own the property by your conveyancing lawyers acquiring current official copies of the land registers. Almost all conveyancing in Burntwood involves registered property but in the rare situation where your home is not registered it is more problematic but is not insurmountable.
We are getting a further advance on our mortgage from Barclays as we intend to carry out improvements to our home in Burntwood. Do we need to appoint a nearby Burntwood solicitor on the Barclays conveyancing panel to deal with the paperwork?
Barclays don't usually instruct firms on their approved list of lawyers to handle such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Barclays panel.
It is not clear whether my lender requires a lease extension. I have called into my local Burntwood bank branch on a couple of occasions and was told it wasn't a problem and they would lend. My Burntwood conveyancing solicitor - who is on the mortgage company conveyancing panel- called and was told they will not lend in accordance with their published requirements. Who do I believe?
Provided that the conveyancing practitioner is on the mortgage company panel, they must follow the Council of Mortgage Lenders’ Handbook conditions for the lender. 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 left on the lease.
I was told three weeks ago that my mortgage has been agreed to by Bank of Ireland. Is it usual for Bank of Ireland to only issue the offer once my solicitor in Burntwood is approved on their conveyancing panel? Bank of Ireland have asked my solicitor to see a copy of their PI Insurance.
A lender would not issue an offer until they have details of a lawyer on their panel. It can take a few weeks for Bank of Ireland to deal with your lawyer's application to be on the Bank of Ireland conveyancing panel. There's no guarantee that your solicitor will be accepted.
We are four weeks into a leasehold purchase having been directed to solicitors by the estate agent to execute conveyancing in Burntwood. I am not happy. Can you help me find new lawyers?
A solicitor would have to be very poor in order to consider changing them. Has the loan offer been sent? In the event that it has you must make them aware of the replacement lawyer and get the offer are re-sent. Your new solicitor ideally should be on the banks approved list to avoid escalating expenses and complications. That should be your first question of the new lawyers. Our find a solicitor tool will assist you in finding a bank approved conveyancer for your conveyancing in Burntwood
Can you offer any advice when it comes to finding a Burntwood conveyancing firm to carry out our lease extension conveyancing?
When appointing a solicitor for lease extension works (regardless if they are a Burntwood conveyancing practice) it is essential that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you talk with two or three firms including non Burntwood conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. The following questions might be useful:
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Can they put you in touch with clients in Burntwood who can give a testimonial? If they are not ALEP accredited then why not?
Leasehold Conveyancing in Burntwood - Examples of Queries before Purchasing
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Best to be warned if redecorating or some other significant cost is coming up that will be shared by the tenants and may well dramatically impact the level of the maintenance costs or result in a specific invoice. Are there any major works in the planning that could add a premium to the service fees? How is the lease structured?
How does one as executor remove a departed person's name from the title register for a house in Burntwood?
Where a Burntwood property is co-owned and one of the owners dies, their name will not immediately be removed from the Land Registry title. It is not necessary to remove their name as when it comes to a sale you would just be asked to supply proof as to the reason the other owner is missing from the contract, such as the probate documents.
With a view to making the sale conveyancing smoother for the sale of the property you can apply to have the deceased name removed from the title by submitting an application to HM Land Registry with evidence of the death. There is no land registry fee payable.