I have just been advised by my financial adviser that my Earley property lawyer is not on the lender Solicitor panel. What can I do to be certain whether this is indeed the case?
The first thing you need to do is to call your Earley conveyancer. You lawyer should inform you of the situation. Where they are not on the panel they may recommend you to a Earley conveyancing practice that is on the conveyancing panel for your lender.
My property lawyer in Earley has never been on on the Accord Mortgages Ltd Approved Panel. Can I still continue with my prefered solicitor even though they are not on the Accord Mortgages Ltd list of approved lawyers?
Your options are as follows:
- Complete the purchase with your existing Earley lawyers but Accord Mortgages Ltd will need to instruct a solicitor on their panel. This will inevitably rack up the overall conveyancing fees as well as cause frustration.
- Get an alternative practitioner to to deal with the conveyancing, obviously checking they are Accord Mortgages Ltd approved.
- Persuade your Accord Mortgages Ltd based solicitor to attempt to join the Accord Mortgages Ltd panel
Do I choose a Licenced Conveyancer or Solicitor for conveyancing in Earley?
There are many registered licenced Conveyancers in Earley and Solicitor firms in Earley to choose from It is important to make clear that the two are supervised by regulatory bodies with both specialising in the legal work in transferring property. The two can conduct other property legal work such as remortgage conveyancing, enfranchisement and transfer of equity conveyancing.
I have been told by my lawyer that lack of right of way insurance is necessary on my purchase. What is the typical level of cover needed for conveyancing in Earley?
The right level of lack of right of way indemnity insurance should be dictated by who your lender. It would differ for example between HSBC Bank and The Royal Bank of Scotland. Conveyancing solicitors as opposed to borrowers take out such policies.
I have today made my last payment due on my mortgage with Barclays. I assume I don't need a Earley property lawyer on the Barclays panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Barclays mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Barclays mortgage from the register. Barclays, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Barclays has sent the Land Registry the discharge electronically, and
- Barclays has instructed the Land Registry to do so
Various internet forums that I have frequented warn that are a common reason for obstruction in Earley conveyancing transactions. Is that correct?
The Council of Property Search Organisations (CoPSO) has noted the findings of research by MoveWithUs that conveyancing searches do not figure within the most frequent causes of hindrances in the conveyancing process. Searches are not likely to feature in any delay in conveyancing in Earley.
I am looking for a leasehold apartment up to £195,000 and found one near me in Earley I like with a park and transport links nearby, the downside is that it only has 52 remaining years left on the lease. There is not much else in Earley in this price bracket, so just wondered if I would be making a mistake acquiring a short lease?
Should you need a home loan that many years will be an issue. Reduce the price by the amount the lease extension will cost if not already taken into account. If the current proprietor has owned the property for a minimum of 2 years you can request that they start the process of the extension and then assign it to you. You can add 90 years to the current lease term and have £0 ground rent by law. You should consult your conveyancing solicitor about this matter.
Can you provide any top tips for leasehold conveyancing in Earley with the purpose of saving time on the sale process?
- Much of the frustration in leasehold conveyancing in Earley can be avoided where you instruct lawyers as soon as you market your property and ask them to put together the leasehold documentation needed by the buyers’ lawyers. A minority of Earley leases require Licence to Assign from the landlord. If this is the case, it would be prudent to place the estate agents on notice to make sure that the purchasers put in hand bank and professional references. The bank reference should make it clear that the buyer is able to meet the yearly service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the buyers or their solicitors. You may think that you are aware of the number of years left on your lease but you should double-check via your lawyers. A buyer’s lawyer will not be happy to advise their client to proceed with the purchase of a leasehold property the lease term is under 75 years. It is therefore important at an as soon as possible that you identify whether the lease requires a lease extension. If it does, contact your solicitors before you put your property on the market for sale. If there is a history of conflict with your landlord or managing agents it is very important that these are resolved prior to the flat being put on the market. The purchasers and their solicitors will be reluctant to purchase a flat where there is a current dispute. You will have to accept that you will have to pay any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled ahead of the contract papers being issued to the buyers’ solicitors. You will still have to reveal details of the dispute to the purchasers, but it is better to present the dispute as historic as opposed to unsettled. If you have the benefit of shareholding in the Management Company, you should ensure that you are holding the original share certificate. Obtaining a re-issued share certificate can be a time consuming process and slows down many a Earley conveyancing transaction. If a new share is necessary, you should approach the company director and secretary or managing agents (where relevant) for this sooner rather than later.
Earley Leasehold Conveyancing - A selection of Queries before buying
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How much is the ground rent and service charge? Does the lease have onerous restrictions? It is important to be aware whether changing the roof or some other major work is due in the near future to be shared by the tenants and will dramatically impact the level of the maintenance charges or result in a specific payment.