My uncle passed away 10 months ago and as sole heir and executor I was left the property in Edgbaston. The house had a small mortgage remaining of approximately £8000. I want to transfer the title deeds into my name whilst I re-mortgage to Coventry BS, pay off the mortgage. Is this possible?
Given you intend to re-mortgage then Coventry BS will insist on your using a conveyancer on the Coventry BS 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 Coventry BS 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 Coventry BS mortgage is registered as a charge at the Land Registry.
I happen to be the only recipient of my late grandmother’s will with all property in now in my sole name, including the my former home in Edgbaston. Conveyancing formalities meant that the Land Registry date was in June. I plan to dispose of the house. I understand that there is a CML six month 'rule', which means that my property ownership could be regarded the same way as if I'd bought the property in June. Is the property unsalable for six months?
The CML handbook instructs solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you might be affected by that. Some banks would take a pragmatic view as this obligation is chiefly there to capture the purchase and immediately sell or the wholesaling and assigning of property.
Completion of my purchase has taken place for my property in Edgbaston. Conveyancing was satisfactory but I feel I should register my dissatisfaction about the lender. How does one go about formally complaining?
Almost all lenders have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Care Department at head office. Ordinarily complaints to a lender are sorted out very quickly. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR who will take matters further.
TSB have agreed my mortgage in principle, my offer on a apartment in Edgbaston has been agreed to, what are the next steps?
The property agent will wish to be informed of your solicitor's details (make sure the property lawyers are on the lender’s approved list). Call up TSB or the broker and complete any relevant documentation. TSB will sellect a valuer who will get in contact with the estate agent or owners to arrange an appointment. Once carried out (assuming no problems) it takes about ten days to get a mortgage offer. TSB will send the offer to you and your conveyancing practitioners. The transaction will then take it’s course according the nature and complexity of the conveyancing in Edgbaston.
My wife and I are close to exchanging contracts on the sale of our house in Edgbaston and the buyers lawyers are claiming that there is a risk of it being built land that was not decontaminated. A high street Edgbaston lawyer would know that there is no such problem. For the life of me I don't know why the purchasers are using an internet conveyancing outfit as opposed to a conveyancing solicitor in Edgbaston. We have lived in Edgbaston for many years we know of no issue. Do we get in touch with our local Authority to get clarification that there is no issue.
It sounds as though you may have a conveyancing solicitor currently acting for you. What do they say? You should enquire of your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out life insurance to cover that same sickness)
I am buying a new build flat in Edgbaston. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Here are examples of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Edgbaston
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Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Please confirm the Lease plans are architect prepared. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Please supply evidence that the form of Lease proposed has been approved by the Land Registry.
Yesterday I discovered that there is a flying freehold element on a property I have offered on two weeks back in what should have been a quick, chain free conveyancing. Edgbaston is the location of the property. Can you offer any advice?
Flying freeholds in Edgbaston are rare but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Edgbaston you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Edgbaston may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold premises.
I am looking for a conveyancing practitioner in Edgbaston for my house move. Is it possible to check a firm’s complaints history with the legal regulator?
You can read published Solicitor Regulator Association (SRA) decisions arising from investigations commenced on or after 1 January 2008. Go to Check a solicitor's record. For information about the period before 1 January 2008, or to check a solicitors record, ring 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For callers outside the UK, use +44 (0)121 329 6800. The regulator sometimes recorded telephone calls for training purposes.