It is a dozen years since I purchased my house in Kendal. Conveyancing solicitors have now been retained on the sale but I am unable to locate my deeds. Will this cause complications?
Don’t worry too much. First the deeds may be with your mortgage company or they may be in the possession of the solicitor who handled your purchase. Secondly the likelihood is that the property will be registered at the land registry and you will be able to establish that you own the property by your conveyancing lawyers acquiring up to date copy of the land registers. Almost all conveyancing in Kendal involves registered property but in the unlikely event that your home is unregistered it adds to the complexity but is not insurmountable.
We're in Kendal, First time buyers buying with a mortgage (lender is Bank of Ireland , and our lawyer is on the Bank of Ireland conveyancing panel). How long should the conveyancing process take?
The fact that your lawyer is on the Bank of Ireland conveyancing panel is a help. It would almost certainly delay matters if they were not. However, no conveyancer should guarantee a timeframe for your conveyancing, due to third parties outside of your control such as delays caused by lenders,conveyancing search providers or by the other side’s solicitors. The time taken is often determined by the number of parties in a chain.
I am buying my first flat in Kendal with a mortgage from Bank of Scotland. The sellers would not budge the amount so I negotiated £7000 of fixtures and fittings instead. The estate agent advised me not inform my solicitor about the side-deal as it would put at risk my mortgage with Bank of Scotland. Do I keep my lawyer in the dark?.
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.
Yesterday I discovered that there is a flying freehold issue on a property I have offered on a fortnight ago in what was supposed to be a straight forward, no chain conveyancing. Kendal is where the house is located. Can you shed any light on this issue?
Flying freeholds in Kendal are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Kendal you must be sure that your lawyer goes through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Kendal may decide that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.
Do I need to be concerned about estate agents that I am dealing with are recommending a factory type conveyancing firm as opposed to a local Kendal conveyancing firm?
As with many service providers, often referrals from family and friends can be extremely useful or valuable. Nevertheless there are numerous players in a conveyancing matter; estate agents, financial adviser and lenders may suggest lawyers to appoint. On occasion the conveyancers might be known to one of the organisations as experts in their field, but sometimes there might be a commercial relationship behind the recommendation. You are free to choose your preferred lawyer. However, bear in mind that the majority of mortgage providers specify a panel list of conveyancers you have to use for the lender aspect of your conveyancing.
My sister completed her conveyancing in Kendal in 2007. She has got married, widowed and in recent months got married again. She now intends to dispose of the Kendal property. I think she will simply be need to provide a copy of her marriage certificates to the solicitor but she is anxious it will frustrate the sale of the house. Is it worth updating the Land Registry information for the property?
You are not required to bring up to date the title for the property as long as you have the proof required to show how the change of name has come about.
Any purchaser’s lawyer will examine the title information and request evidence by way of proof of the change of name for example marriage certificates.