What happens if my lawyer’s firm is removed from the HSBC Solicitor panel ahead of completing my conveyancing in Herne Hill?
The first thing to point out is that, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have to instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by a regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit at a cost.
I own a terraced Victorian property in Herne Hill. Conveyancing practitioner acted for me and Virgin Money. I did a free Land Registry search last week and there are a couple of entries: one for freehold, another for leasehold with the exact same property. If a house is not a freehold shouldn't I have been informed?
You need to assess the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Herne Hill and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also enquire as to the position with the conveyancing practitioner who completed the work.
I'm buying a new build house in Herne Hill with the aid of help to buy. The sellers refused to reduce the amount so I negotiated 6k of additionals instead. The house builders rep advised me not to tell my conveyancer about the deal as it will impact my loan with The Mortgage Works. Should I keep quiet?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
Due to the encouragement of my in-laws I had a survey completed on a house in Herne Hill in advance of instructing lawyers. I have been informed that there is a flying freehold overhang to the property. My surveyor has said that some mortgage companies tend not give a loan on this type of house.
It varies from the lender to lender. HSBC has different instructions for example to Halifax. Should you wish to call us we can look into this further with the relevant bank. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Herne Hill. Conveyancing may be slightly more expensive based on your lender's requirements.
My husband and I are 3 weeks into a residential purchase having been directed to conveyancers by the high street agent to execute conveyancing in Herne Hill. I am am starting to be frustrated with the level of service. Could you help me find new lawyers?
A lawyer would have to be very poor to suggest changing them. Has the mortgage been issued? If so you will need to advise them of the new contact details and have the offer are re-issued. Your new solicitor ideally should be on the banks approved list to avoid supplemental fees and complications. So that should be your starting point. The search tool should help you find a bank approved conveyancer for your conveyancing in Herne Hill
I've found a house that seems to be perfect, at a great figure which is making it more attractive. I have just discovered that it's a leasehold rather than freehold. I am assuming that there are issues buying a house with a leasehold title in Herne Hill. Conveyancing lawyers have are soon to be instructed. Will my lawyers set out the risks of buying a leasehold house in Herne Hill ?
The majority of houses in Herne Hill are freehold rather than leasehold. This is one of the situations where having a local conveyancer who is familiar with the area who can assist with the conveyancing process. It is clear that you are buying in Herne Hill in which case you should be shopping around for a Herne Hill conveyancing solicitor and check that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the number of years remaining. Being a lessee you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as obtaining the landlord’spermission to carry out changes to the property. You may also be required to pay a service charge towards the maintenance of the estate where the house is part of an estate. Your solicitor will report to you on the legal implications.
I have had difficulty in trying to purchase the freehold in Herne Hill. Can this matter be resolved via the Leasehold Valuation Tribunal?
Absolutely. We can put you in touch with a Herne Hill conveyancing firm who can help.
An example of a Freehold Enfranchisement case for a Herne Hill property is 66 Southwell Road in March 2012. By Order of Deputy District Judge Stone dated 25 January 2012 a vesting order was made. The determination of the purchase price was referred to the Tribunal who decided that the amount payable for the freehold should be£29,612.00 This case affected 3 flats. The unexpired term as at the valuation date was 72.58 years.