We are selling our home in Hersham. Will the solicitor have to be required to be on the Virgin Money conveyancing panel in order to deal with the discharge of my mortgage?
Ordinarily, even if your lawyer is not on the Virgin Money conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their specifications fairly frequently at the moment.
I am assisting my step-mother sell her house in Hersham. Does the conveyancer order an energy assessment or should I organise this?
After the abolition of Home Packs, EPC’s was kept a required element of moving house. An energy assessment needs to be commissioned prior to the property being marketed. This is not something that solicitors normally arrange. If you are instructing a Hersham conveyancing practitioner they may be able to arrange EPC’s due to their relationships with long established local assessors
We previously selected conveyancing lawyers locally in Hersham on the Santander solicitor panel. They are now charging me a supplemental sum for dealing with the Santander mortgage. Is this an additional conveyancing fee set by Santander?
As unfair as it may seem, as long as it’s in their Terms of Engagement or Quote then yes your conveyancing practitioner can charge a fee for this. This fee is not set by Santander but by your Hersham conveyancer. Numerous firms on the Santander panel will levy ’dealing with mortgage’ fee but many firms include it on their overall fee.
We have agreed to purchase a house in Hersham. One unusual aspect is that the roof has a solar panel. Nationwide have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
As your lender is Nationwide your lawyer must check the formal requirements outlined in Section two of UK Finance Lenders’ Handbook for Nationwide. The Council of Mortgage Lenders’ Handbook stipulates minimum conditions for solar panel roof-space leases, and lawyers are required to report to Nationwide where a lease fails to satisfy these conditions. The specifications relate to the installation of panels on properties nationwide and is not restricted to Hersham.
I am purchasing a new build house in Hersham with a mortgage from The Mortgage Works. The sellers refused to budge the amount so I negotiated 6k of additionals instead. The house builders rep suggested that I not inform my conveyancer about the side-deal as it may impact my mortgage with The Mortgage Works. Is this normal?.
All lenders require a Disclosure of Incentives Form from the builder 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 input of my in-laws I had a survey completed on a house in Hersham ahead of appointing conveyancers. I have been told that there is a flying freehold element to the house. My surveyor advised that some lenders may not grant a loan on this type of house.
It varies from the lender to lender. HSBC has different instructions from Halifax. Should you wish to call us we can check with the relevant bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Hersham. Conveyancing may be slightly more expensive based on your lender's requirements.
Can you offer any advice when it comes to finding a Hersham conveyancing firm to deal with our lease extension?
When appointing a property lawyer for your lease extension (regardless if they are a Hersham conveyancing practice) it is imperative that he or she should be familiar with the legislation and specialises in this area of conveyancing. We recommend that you make enquires with several firms including non Hersham conveyancing practices before you instructing a firm. If the firm is ALEP accredited then so much the better. The following questions could be useful:
-
How experienced is the practice with lease extension legislation? What are the costs for lease extension work?
I am the leaseholder of a a ground floor purpose built flat in Hersham. In the absence of agreement between myself and the freeholder, can the Leasehold valuation Tribunal determine the premium payable for a lease extension?
Absolutely. We can put you in touch with a Hersham conveyancing firm who can help.
An example of a Lease Extension decision for a Hersham property is Flat D 15 Claremont Gardens in September 2013. TheTribunal determined in accordance with section48 and Schedule13 of the Leasehold Reform,Housing and Urban Development Act 1993 that the premium for the extended lease should be fourteen thousand one hundred and eighty seven pounds (£14,187.00) This case related to 1 flat.
I'm purchasing a property in Hersham. I have found my conveyancer's company on the Law Society's list, but I can't see my conveyancer's name as listed on the regulator's website. Should I be concerned?
Not every individual in the law firm must be listed by the regulator. As long there is someone qualified to 'oversee' the conveyancing, the actual day-to-day activity can be undertaken by unlicensed staff.