Our lawyer has uncovered a a legal deficiency with the lease for the apartment we are purchasing in Heaton Moor. The seller’s lawyers have offered defective title insurance as a workaround. We are happy with insurance and will cover the costs. Our conveyancer says that he must be satisfied that the mortgage company is content with this solution. Who is the client here, us or the mortgage company ?
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 solicitor must comply with the UK Finance Lenders’ Handbook specifications. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the bank 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.
We just had an offer accepted to buy with Loughborough BS. I called into a couple of local practices yet am unable to find a Heaton Moor conveyancing firm on the Loughborough BS panel. Could you help?
Please do take advantage of the find a conveyancing panel solicitor tool on this site. Please choose the building society and type Heaton Moor or your location and you will see a number of lawyer located in Heaton Moor or by proximity to you.
Me and my partner are buying a house in Heaton Moor. I might seem paranoid but how we can trust a lawyer? At some point we will need to put funds into their account. What protection do we have from them run away with our monies?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
I just bought a house at auction in Heaton Moor. Conveyancing is necessary. What are my next steps?
Now that you have for all intents and purposes signed on the dotted line you must choose a conveyancing practitioner soon as you are faced with a pending deadline in which to complete the transaction. An auction property will have a corresponding auction set of papers. This will include evidence of title and search results. If you have purchased leasehold premises the auction pack should contain a copy of the lease, management information and a sellers leasehold information form and associated conveyancing documentation pertinent to a leasehold property. You need to give this to the lawyer working for you ASAP. You also need to ensure that that you have the requisite funding organised to complete the transaction on the set completion date.
We previously appointed solicitors with offices in Heaton Moor on the Santander solicitor approved list. They are now charging me an additional fee for the legal aspects of the Santander mortgage. Is this an additional conveyancing fee set by Santander?
Provided it is contained in their Terms of Engagement or Quote then yes your conveyancer can charge a fee for this. This fee is not dictated by Santander but by your Heaton Moor conveyancing practitioner. Some firms on the Santander panel will levy an ‘acting for lender’ fee but many firms incorporate it on their overall fee.
Should our conveyancer be asking questions regarding flooding during the conveyancing in Heaton Moor.
Flooding is a growing risk for conveyancers dealing with homes in Heaton Moor. Some people will buy a property in Heaton Moor, fully aware that at some time, it may suffer from flooding. However, leaving to one side the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, satisfactory building insurance, or sell the property. Steps can be carried out as part of the conveyancing process to forewarn the buyer.
Solicitors are not best placed to offer advice on flood risk, but there are a number of searches that can be undertaken by the buyer or by their lawyers which should figure out the risks in Heaton Moor. The conventional set of property information forms supplied to a buyer’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a standard inquiry of the seller to discover whether the premises has suffered from flooding. If the property has been flooded in past which is not disclosed by the owner, then a purchaser could commence a claim for damages stemming from an misleading reply. A purchaser’s solicitors may also carry out an enviro search. This will reveal if there is a recorded flood risk. If so, additional investigations should be initiated.
In my capacity as executor for the will of my grandfather I am selling a property in Monmouth but reside in Heaton Moor. My lawyer (who is 235 miles awayrequires that I sign a stat dec ahead of completion. Can you recommend a conveyancing solicitor in Heaton Moor to witness this legal document for me?
strictly speaking you are unlikely to be required to have the documents witnessed by a conveyancing solicitor. Normally any notary public or solicitor will do regardless of whether they are located in Heaton Moor
Having checked my lease I have discovered that there are only Sixty One years unexpired on my flat in Heaton Moor. I need to extend my lease but my freeholder is missing. What options are available to me?
On the basis that you meet the appropriate requirements, under the Leasehold Reform, Housing and Urban Development Act 1993 you can submit an application to the County Court for an order to dispense with the service of the initial notice. This will enable the lease to be granted an extra 90 years by the Court. You will be obliged to prove that you have done all that could be expected to track down the lessor. On the whole an enquiry agent would be useful to conduct investigations and prepare an expert document to be used as evidence that the freeholder can not be located. It is advisable to get professional help from a conveyancer in relation to proving the landlord’s disappearance and the vesting order request to the County Court overseeing Heaton Moor.
I own a basement flat in Heaton Moor, conveyancing formalities finalised in 2005. Can you let me have an estimate of the premium that my landlord can legally expect in return for granting a renewal of my lease? Corresponding properties in Heaton Moor with a long lease are worth £197,000. The ground rent is £55 levied per year. The lease ends on 21st October 2080
With only 55 years left to run we estimate the price of your lease extension to span between £31,400 and £36,200 plus professional fees.
The suggested premium range that we have given is a general guide to costs for renewing a lease, but we cannot give you the actual costs without more detailed investigations. Do not use the figures in tribunal or court proceedings. There may be other issues that need to be considered and clearly you want to be as accurate as possible in your negotiations. Please do not take any other action based on this information without first getting professional advice.