My aunt passed away six months ago and as sole heir and executor I was left the property in Garston. 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 Virgin Money, pay off the mortgage. Is this allowed?
Given you plan to re-mortgage then Virgin Money will require that you use a conveyancer on the Virgin Money 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 Virgin Money 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 Virgin Money mortgage is registered as a charge at the Land Registry.
I understand that there are debates on Chancel Insurance on online forums. Am I compelled to take this when purchasing a residence in Garston? or Apparently there is a law dating back centuries that means some house owners living in a parish church boundary will be compelled to contribute towards repairs to the chancel within the church. Is this applicable for conveyancing in Garston?
Unless a prior purchase of the premises completed post 12 October 2013 you could take it that solicitors handling conveyancing in Garston to continue to suggest a chancel search and or chancel repair liability insurance.
I used Arc property Solicitors several years past for my conveyancing in Garston. Now, I need my files however cannot find the solicitor. What do I do?
Do contact the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Garston of the conveyancing firm of solicitors you previously hired, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
Just had an offer accepted on a new build flat in Garston. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Set out below is a sample of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Garston
-
The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? 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.
I need to instruct a conveyancing lawyer in Garston for my home move. Is there any facility to see a solicitor's record with the profession’s regulator?
You may see presented Solicitor Regulator Association (SRA) decisions stemming from investigations commenced on or after Jan 2008. Go to Check a solicitor's record. To find information Pre 2008, or to check a firm's history, phone 0870 606 2555, 08.00 - 18.00 Monday, Wednesday, Thursday, Friday and 09.30 - 18.00 Tuesday. For non-uk callers, dial +44 (0)121 329 6800. The SRA could monitor call for training purposes.
My husband and I are buying a 2 bedroom flat in Garston. At the point of instructing our lawyer, they said that they were on all mainstream mortgage company panels. Our financial adviser emailed today to say that they don't seem to be on the Skipton approved list. Should that be true, what should we do? Do we just choose a new lawyer that is on their approved list or should we pay for separate representation, with Skipton selecting their own approved solicitor.
When buying a property with mortgage finance it is standard for the purchaser’s solicitors to also represent the mortgage company. In order to act for a bank or building society a solicitor has to be on that lender's conveyancing panel. An application has to be made by the solicitor to the lender to become a member of the lender's panel and there are increasingly strict criteria which the conveyancing practitioner has to fulfill. Some mortgage companies now insist their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your solicitor should contact Skipton and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You don't have to instruct a firm on Skipton's conveyancing panel as you are at liberty to use your preferred Garston lawyers, in which case it will likely add costs, and it will likely delay the transaction as you have another set of people involved.