Please help. My Higham Ferrers conveyancer is assuring me that he is legally obliged toconduct Higham Ferrers conveyancing searches becausethe firm are on the Virgin Moneysolicitor panel. Is this really necessary?
Unfortunately both you and your lawyer have little choice here. As you are obtaining a home loan with a lender your lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your lawyer would have previously signed the Terms and Conditions of your bank’s conveyancing panel appointment which obliges them to comply with the Council of Mortgage Lenders’ Handbook provisions . Even if you were a cash buyer you would be ill advised not to carry out Higham Ferrers conveyancing searches.
The Higham Ferrers conveyancing solicitors that just started acting on my purchase in Higham Ferrers have suddenly shut down. They were on acting for me because I needed a lawyer on the Virgin Money conveyancing panel and my family Higham Ferrers lawyer was not. I issued them a cheque for two hundred pounds in advance. What are my options?
Assuming that you have an Estate Agent in the equation then inform them immediately so that they advise the vendors that there may be a slight delay due to the problems encountered. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You will need to appoint new lawyers that are on the Virgin Money conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new lawyers may be able to help.
I have todaydiscovered that Arc property Solicitors have been shut down. They conducted my conveyancing in Higham Ferrers for a purchase of a freehold house 12 months ago. How can I be sure that my home is not still registered in the name of the previous owner?
The quickest method to see if the property is registered to you, you can make a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Higham Ferrers conveyancing specialists.
Just had an offer accepted on a new build apartment in Higham Ferrers. 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.
Here are examples of a few leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Higham Ferrers
-
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. There must be mutual enforceability of lessee’s covenants. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier?
Due to the input of my in-laws I had a survey completed on a property in Higham Ferrers in advance of instructing conveyancers. I have been advised that there is a flying freehold overhang to the house. My surveyor advised that some lenders may refuse to give a loan on a flying freehold house.
It depends who your proposed lender is. HSBC has different instructions from Birmingham Midshires. Should you wish to telephone us we can check via the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Higham Ferrers. Conveyancing will be smoother if you use a solicitor in Higham Ferrers especially if they are accustomed to such properties in Higham Ferrers.
My wife and I purchased a leasehold flat in Higham Ferrers. Conveyancing and Lloyds TSB Bank mortgage went though with no issue. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1994. The conveyancing practitioner in Higham Ferrers who previously acted has now retired. Any advice?
The first thing you should do is contact the Land Registry to make sure that the individual claiming to own the freehold is in fact the new freeholder. It is not necessary to incur the fees of a Higham Ferrers conveyancing practitioner to do this as it can be done on-line for less than a fiver. Rest assured that regardless, even if this is the legitimate landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Higham Ferrers Leasehold Conveyancing - Sample of Questions you should ask before buying
-
How much is the ground rent and service charge? It would be wise to find out if there are any onerous prohibitions in the lease. For example it is very common in Higham Ferrers leases that pets are not allowed in certain buildings in Higham Ferrers. If you like the flatin Higham Ferrers but your cat is not allowed to make the move with you then you will be faced difficult determination. The answer will be useful as a) areas can result in problems for the building as the common areas may start to deteriorate if services remain unpaid b) if the leaseholders have a dispute with the managing agents you will need to know about it