Is it possible for conveyancing in Hampshire to be concluded inside a month?
First, If you are under time constraints to sign contracts we would recommend that your conveyancer is familiar with the area as they will have local connections and knowledge. It is even conceivable that they would have conducted previoushomes in the same neighbourhood. You would be best advised to use a Hampshire conveyancing firm. In addition, ensure that the lawyer is on the lender panel. It is estimated that nearly one in five of Hampshire conveyancing deals are suspended or derailed after finding out that a buyer’s conveyancer was not on their mortgage lender’s list of approved solicitors. In many cases this discovery resulted in the transaction being frustrated by almost 21 days. It is understood that this issue affects in the region of one hundred thousand home moves every year. Most Hampshire conveyancing practices can not represent certain banks so do check as early as possible.
My lawyer in Hampshire is not on the Clydesdale Conveyancing Panel. Is it possible for me to use my family solicitor notwithstanding that they are excluded from the Clydesdale approved list?
Your options are as follows:
- Carry on with your existing Hampshire solicitors but Clydesdale will need to instruct a conveyancer on their list of acceptable firms. This will result in additional overall conveyancing fees as well as cause delays.
- Get a new solicitor to to deal with the purchase, obviously checking they are Clydesdale approved.
- Persuade your Clydesdale based solicitor to try to join the Clydesdale panel
I happen to be the sole recipient of my late father’s will and I have everything in my name now, including the my former home in Hampshire. Conveyancing formalities meant that the Land Registry date was in January. I want to move. I understand that there is a Mortgage Lenders 6 month 'rule', which means that my proprietorship could be considered the same way as if I'd bought the property in January. Is the property unsalable for six months?
The CML handbook obliges solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you might be impacted by that. How practical a view mortgage companies take of it, depend on the mortgage company as this provision primarily exists to capture subsales or the flipping of property.
I have paid off my mortgage with Bank of Ireland. I assume I don't need a Hampshire property lawyer on the Bank of Ireland panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Bank of Ireland 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 Bank of Ireland mortgage from the register. Bank of Ireland, 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 Bank of Ireland has sent the Land Registry the discharge electronically, and
- Bank of Ireland has instructed the Land Registry to do so
I have a mortgage with Skipton for my property in Hampshire. Conveyancing has been completed 12 months ago. Should I wish to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Skipton?
Your original mortgage agreement with Skipton will provide that you need their approval prior to letting out your property as this is likely to be a breach of Skipton’s mortgage conditions. In many cases banks or building societies will allow you to rent 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 Skipton directly. You need not do this via a Skipton conveyancing panel lawyer.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Hampshire. Conveyancing is a frightening process 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.
Here is a sample of a selection of leasehold new build questions that you should expect your new-build leasehold conveyancing in Hampshire
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Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. Please confirm the Lease plans are surveyor prepared. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier?
Yesterday I discovered that there is a flying freehold element on a house I put an offer in two weeks back in what was supposed to be a quick, chain free conveyancing. Hampshire is where the house is located. Is there any advice you can give?
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 decide 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 residence.
My step-father purchased his flat in Hampshire Six years ago. He has since got wed, widowed and in recent months got remarried. He will be selling the apartment this October. I suspect that he will simply be asked to provide a copy of his marriage certificates to the conveyancer but he is concerned it could frustrate the sale of the apartment. Is it worth updating the Land Registry documents for the house?
It is not absolutely necessary to bring up to date the register providing you have the proof required to show how the change of name resulted.
Any buyer’s property lawyer should review the registered details and ask for evidence to prove the name change for instance marriage certificates.