Our solicitor has uncovered a a problem with the lease for the property we are purchasing in Heanor. The other side have offered title insurance as a workaround. We are content with insurance and will pay for it. Our conveyancer says that he must be satisfied that the bank is content with this solution. Are we the client or is the bank?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the mortgage company are the client. Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook provisions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the mortgage company can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your solicitor will have no choice but to discontinue acting for you.
I used Arc property Solicitors several years ago for my conveyancing in Heanor. I now require my papers but cannot find the solicitor. What do I do?
Do contact the Solicitors Regulatory Authority (SRA) to assist in tracing 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 Heanor of the conveyancing firm of solicitors you previously used, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
About to purchase a new build flat in Heanor. 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 legal work.
Set out below is a sample of a few leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Heanor
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Forfeiture - bankruptcy or liquidation must not apply under this provision. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? 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. The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. 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.
Am I right to be suspicious by brokers that I am dealing with are recommending a web based conveyancing firm rather than a local Heanor conveyancing company?
As with lots of service providers, often referrals from relatives can be worth their weight in gold. But there are many players in a conveyancing deal; estate agents, financial adviser and lenders might all suggest conveyancers to appoint. On occasion these solicitors might be known to one of the organisations as being good in their field, but sometimes there might be a commercial relationship behind the endorsement. You have the discretion to choose your preferred lawyer. You need to be aware that the majority of banks specify a panel list of conveyancers you have to use for the lender aspect of your transaction.
We're FTB’s - had an offer accepted, but the agent told us that the owners will only issue a contract if we use their recommended solicitors as they are insisting on an ‘expedited deal’. We would rather use a local solicitor accustomed to conveyancing in Heanor
We suspect that the seller is not behind this request. Should the owner require ‘a quick sale', taking such a hostile approach to a genuine purchaser is going to damage their objectives. Bypass the agents and go straight to the sellers and explain that (a)you are keen to buy (b)you are ready to go, with finances in place © you are unencumbered (d) you wish to move quickly (e)however you intend to instruct your own,trusted Heanor conveyancing lawyers - not the ones that will provide their negotiator at the agency a introducer fee or achieve conveyancing thresholds set by HQ.
Should one remove a deceased person's details from the title deeds for a house in Heanor?
If a Heanor property is co-owned and one of the owners passes away, the name will not automatically be removed from the title deeds. It is not necessary to remove their name as in the event of a sale your conveyancer would simply be required to supply proof as to the reason the joint proprietor is not a party to the transfer, such as the probate documents.
With a view to making things simpler in the future you may apply to have the deceased person removed from the title entries by submitting an application to the land registry with proof of the death. There is no fee from the Registry for this service.