Is the fact that my solicitor in Holbeach is not identified on my bank's solicitor panel that there is a problem with the standard of her work?
It would be unwise to jump to that conclusion. There are plenty of plausible explanations. Just recently a report by the solicitors regulator revealed that over three quarters of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (1) lack of transactions (2) the lawyer is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Where you are concerned you should contact the Holbeach conveyancing practice and enquire why they are no longer on the approved list for your lender.
My wife and I changing mortgage lender for our penthouse in Holbeach with Santander. We have a son 19 who lives at home. Our solicitor has asked us to disclose anyone over the age of 17 other than ourselves who reside at the property. The solicitor has now sent a form for our son to sign, waiving any legal rights in the event that the flat is forfeited by the lender. I have a couple of questions (1) Is this document specific to the Santander conveyancing panel as he never had to sign this form when we remortgaged 3 years ago (2) In signing this form is our son in any way compromising his right to inherit the property?
On the face of it your lawyer has done nothing wrong as it is established procedure for any occupier who is aged 17 or over to sign the necessary Consent Form, which is purely to state that any rights he has in the property are postponed and secondary to Santander. This is solely used to protect Santander if the property were re-possessed so that in such circumstances, your son would be legally obliged to leave. It does not impact your son’s right to inherit the apartment. Please note that if your son were to inherit and the mortgage in favour of Santander had not been discharged, he would be liable to take over the loan or pay it off, but other than that, there is nothing stopping him from keeping the property in accordance with your will or the rules of intestacy.
Why is leasehold purchase conveyancing in Holbeach costs more?
Holbeach leasehold properties involve far more paperwork than a freehold purchase, and therefore takes more time to examine and advise upon.Conveyancing will involve the lease having to be checked which is usually a lengthy document, queries raised to ensure that the covenants and conditions have been observed. If it is a flat there will be a management company in existence and the accounts of this will need to be checked and enquiries raised to ensure it is operating efficiently and that all monies due have been paid by the Seller to the company and if not ensuring that money is paid up to date or the appropriate undertakings obtained.
About to purchase a new build apartment in Holbeach. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.
Set out below is a sample of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Holbeach
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The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents.
Due to the advice of my in-laws I had a survey completed on a property in Holbeach ahead of appointing conveyancers. I have been told that there is a flying freehold aspect to the property. My surveyor has said that some lenders may not give a mortgage on a flying freehold premises.
It depends who your proposed lender is. HSBC has different instructions for example to Halifax. If you contact us we can investigate further with the appropriate lender. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Holbeach. Conveyancing may be slightly more expensive based on your lender's requirements.
My mother and father are unable to locate their Holbeach land registry title on the website. They have a vague recollection fifty years ago when they bought the house there were complications concerning Holbeach not being recognised in some systems.
Nearly all premises in Holbeach should be revealed. Have you endevoured to search with just the postcode. Normally it will reveal all the properties inside the postcode. Assuming the property is registered it will show up with a title number. If they bought 48 years ago it's conceivable it may be unregistered. The property could still be revealed but with the title number identified as 'na'. In this scenario you will need to find the original title documentation which could be with your parent’s mortgage company.