Is it possible for conveyancing in Hampshire to be completed inside 10 days?
In a situation where the seller is applying time constraints to complete it is advisable to make sure that your conveyancer is familiar with the location as they will make use of local contacts and know-how. It is even conceivable that they may have handled otherproperties in the same street. You would be best advised to use a Hampshire conveyancing firm. In addition, check that the conveyancing firm is on the on the approved list for your mortgage company. It is understood that just under twenty per cent of Hampshire conveyancing deals are delayed or jeopardised after discovering a purchaser’s lawyer was not on their mortgage lender’s member panel. In many cases this discovery resulted in the legal transfer of property being frustrated by as much as three weeks. It is estimated that this issue impacts approximately 100,000 home moves every year. Almost all Hampshire conveyancing firms can not represent certain banks so do check at the outset.
My lawyer in Hampshire has never been on on the Nottingham Building Society Approved Panel. Is it possible for me to use my family solicitor notwithstanding that they are excluded from the Nottingham Building Society approved list?
The limited options open to you here include:
- Complete the purchase with your existing Hampshire solicitors but Nottingham Building Society will need to retain a lawyer on their panel. This will result in additional total conveyancing fees and result in delays.
- Get a new practitioner to to deal with the conveyancing, not forgetting to check they are on the Nottingham Building Society panel
I am the single recipient of my late father’s estate with all property in now in my sole name, including the my former home in Hampshire. Conveyancing formalities meant that the Land Registry date was in January. I now wish to sell up. I do know about the Mortgage Lenders six month 'rule', which means that my property ownership may be considered the same way as though I had purchased the house in January. Do I have to wait half a year to sell?
The CML handbook instructs 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 may be caught by that. many lenders would take a pragmatic view as this obligation principally exists to pick up on the purchase and immediately sell or the wholesaling and assigning of properties.
I have paid off my mortgage with Principality. I assume I don't need a Hampshire conveyancer on the Principality panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Principality 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 Principality mortgage from the register. Principality, 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 Principality has sent the Land Registry the discharge electronically, and
- Principality has instructed the Land Registry to do so
I currently have a mortgage with Yorkshire BS for my property in Hampshire. Conveyancing has been completed 12 months ago. Should I wish to rent out my property and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Yorkshire BS?
Your original mortgage agreement with Yorkshire BS will provide that you need their approval before renting your property as this is likely to be a breach of Yorkshire BS’s mortgage conditions. It may be that Yorkshire BS will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Yorkshire BS directly. You need not do this via a Yorkshire BS conveyancing panel firm.
The estate agent has sent us the confirmation of our purchase of a new build flat in Hampshire. 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.
Set out below is a sample of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Hampshire
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Please supply a car parking plan. If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal. Forfeiture - bankruptcy or liquidation must not apply under this provision. Please confirm the Lease plans are surveyor prepared. Please provide 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 house I put an offer in two weeks back in what should have been a straight forward, no chain conveyancing. Hampshire is the location of the property. Can you offer any advice?
Flying freeholds in Hampshire are not the norm but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Hampshire you must be sure that your lawyer goes through the deeds thoroughly. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Hampshire 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.
My sister completed her conveyancing in Hampshire 9 years ago. She has since got married, divorced and has recently married again. She intends to sell the house in a few months. I suspect that she will just be asked to supply copies of her marriage certificates to the lawyer but she is anxious it could delay the sale of the property. Should she instruct a conveyancer to update the title information for the house?
It is not absolutely necessary to bring up to date the register on the basis that you have the evidence required to show how the change of name resulted.
The buyer’s lawyer should check the land registry details and need evidence to establish the name change e.g. marriage certificates.