I happen to be the single beneficiary of my late mum's estate and I have everything in my name now, including the my former home in Essex. The Essex property was put into my name in May. I plan to dispose of the property. I understand that there is a CML six month 'rule', meaning my property ownership will be treated the same way as though I had purchased the house in May. Do I have to wait 6 months to sell?
The Council of Mortgage Lenders’ handbook mandates conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you could be affected by that. Most lenders would take a sensible view as this provision principally exists to capture the purchase and immediately sell or the flipping of properties.
The formalities of my remortgage has taken place for my property in Essex. Conveyancing was a necessary evil but I feel I should register my dissatisfaction about the lender. How do I make a complaint?
Most banks and building societies have complaints procedures. Your first port of call 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.
Virgin Money have agreed my home loan in principle, my offer on a flat in Essex has been agreed to, what happens next?
Your estate agent will need to know who your solicitors are (make sure the property lawyers are on the lender’s approved list). Telephone Virgin Money or your financial adviser and complete any appropriate paperwork. Virgin Money will instruct a valuer who will get in touch with the estate agent or owners to schedule an appointment. Once carried out (assuming no problems) it takes about a week to receive the mortgage offer. Virgin Money will send the offer to you and your conveyancers. The transaction will then take it’s course according the nature and complexity of the conveyancing in Essex.
Do commercial conveyancing searches disclose planned roadworks that may impact a commercial estate in Essex?
Many commercial conveyancing solicitors in Essex will execute a SiteSolutions Highways report as it dramatically cuts the time that conveyancers invest in investigating accurate data on highways that impact buildings and development assets in Essex. The search result sets out definitive data on the adoption status of roads, footpaths and verges, as well as the implication of traffic schemes and the rights of way surrounding a commercial development sites in Essex.
For every commercial conveyancing transaction in Essex it is critical to investigate the adoption status of roads surrounding a site. The absence of identifying developments where adoption procedures have not been addressed adequately may cause delays to Essex commercial conveyancing deals as well as pose a risk to future plans for the site. These searches are not conducted for domestic conveyancing in Essex.
Due to the guidance of my in-laws I had a survey completed on a house in Essex in advance of instructing conveyancers. I have been informed that there is a flying freehold element to the property. My surveyor advised that some mortgage companies may refuse to give a loan on this type of house.
It depends who your proposed lender is. Lloyds has different instructions from Halifax. Should you wish to call us we can check via the appropriate bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Essex. Conveyancing may be slightly more expensive based on your lender's requirements.
In what way does the Landlord & Tenant Act 1954 impact my business property in Essex and how can your lawyers assist?
The 1954 Act gives security of tenure to business tenants, giving them the legal entitlement to apply to court for a new lease and remain in occupation at the end of an expired lease. There are limited grounds that a landlord can refrain from granting a lease renewal and the rules are complex. We are happy to direct you to commercial conveyancing solicitors who use the act to your advantage and assist with commercial conveyancing in Essex
We are 18 days into a leasehold purchase having been referred to a firm by the estate agent to do our conveyancing in Essex. We are not happy. Can you you assist me in finding new lawyers?
They would need to be very poor to suggest changing them. Has your mortgage been generated? If so you will need to make them aware of the new solicitor and have the mortgage documents are re-sent. Your new conveyancer needs to be on the mortgage company panel to avoid added charges and delays. That should be your starting point. The find a solicitor tool can help you find a bank approved solicitor for your home move in Essex
We are soon to complete buying a property in Essex but as a result of damage from the recent storms I have negotiated compensation from the current proprietors of £2k in the form of a deduction in the price. I had intended this to be dealt with as part of the conveyancing process however my bank will not permit this. Should they have been involved?
Any conveyancer that is on a lender approved list is duty bound to disclose to the bank of any variations to the sale price. If you prohibit your conveyancer to report the reduction to your bank then they would have to discontinue acting for you and the mortgage company.