My solicitor has uncovered a a legal deficiency with the lease for the flat we are purchasing in Maida Hill. The seller’s lawyers have offered defective title insurance as a solution. We are happy with insurance and will cover the costs. Our lawyer says that he must ensure that the lender is happy with this solution. Who is the client here, us or the mortgage company ?
Regardless of the fact that you have a mortgage offer from the mortgage company does not mean to say that the property will meet their conditions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook specifications. You and the lender are the client. These conveyancing instructions must be adhered to.
Completed the sale of my flat in Maida Hill last September yet the purchaser is Skype messaging me to say her solicitor needs to hear from mine. What are the post completion sale legalities now that I have sold?
Post completion of your disposal your solicitor should deliver the transfer documentation and all of the paperwork to the buyer’s lawyers. Depending on the transaction, your conveyancer should also confirm that the home loan has been repaid to the buyers solicitors. There is unlikely to be post completion procedures just for conveyancing in Maida Hill.
My grandfather passed away last year and as sole heir and executor I was left the property in Maida Hill. The house had a small mortgage left on it of around £8000. I want to transfer the title deeds into my name whilst I re-mortgage to Yorkshire BS, pay off the mortgage. Is this possible?
If you intend to re-mortgage then Yorkshire BS will insist on your using a conveyancer on the Yorkshire BS conveyancing panel. Here is link to the Land Registry online guidance around what to do when a property owner dies. This will help you to understand the registration process behind changing the details re the registered title. in your case it would appear that you are effectively purchasing the property from the estate. Your Yorkshire BS conveyancing panel solicitor pays the new mortgage money into the estate, the estate pays off the old mortgage, the charge is released and you become the owner and the Yorkshire BS mortgage is registered as a charge at the Land Registry.
How does conveyancing in Maida Hill differ for newly converted properties?
Most buyers of new build property in Maida Hill approach us having been asked by the builder to sign contracts and commit to the purchase even before the property is ready to move into. This is because house builders in Maida Hill tend to buy the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Maida Hill or who has acted in the same development.
Due to the guidance of my in-laws I had a survey completed on a house in Maida Hill prior to instructing lawyers. I have been informed that there is a flying freehold aspect to the house. The surveyor advised that some mortgage companies may refuse to give a loan on such a house.
It depends who your proposed lender is. HSBC has different instructions from Nationwide. If you e-mail us we can look into this further with the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Maida Hill. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Maida Hill to see if the conveyancing will be more expensive.
My brother has recommend that I instruct his conveyancers in Maida Hill. Should I use them?
There are no two ways about it it’s preferable to select a conveyancing practitioner is to have recommendations from friends or family who have actually previously instructed the solicitor that you are considering.