My fiance and I are looking to acquire a property in Miskin and have appointed a Miskin conveyancing practice. Within the last couple of days our conveyancer has sent a preliminary report and documents to look through in anticipation of exchanging contracts shortly. Yorkshire Building Society have this afternoon contacted us to inform me that there is now an issue as our Miskin conveyancer is not on their approved list of lawyers. Is this a problem?
Where you are buying a property requiring a mortgage it is usual for the purchasers' lawyers to also act for the purchaser's lender. In order to act for a bank or building society a law firm has to be on that lender's conveyancing panel. An application has to be made by the law firm to the lender to become a member of the lender's panel and there are increasingly strict criteria which the firm has to satisfy and indeed some lenders now require their panel members to be part of the Law Society’s Conveyancing Accreditation Scheme. Your solicitor should contact your lender and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own solicitors to act. You don't have to instruct a firm on the lender’s conveyancing panel and you may continue to use your own Miskin solicitors, in which case your legal fees may increase, and it may delay matters as you are adding another lawyer into the mix.
Can the conveyancing practitioners that you recommend perform right to buy conveyancing in Miskin?
We do have a variety of conveyancing lawyers carrying out right to buy conveyancing Please e-mail the solicitors listed to secure a conveyancing quote.
My uncle passed away 10 months ago and as sole heir and executor I was left the property in Miskin. The house had a small mortgage remaining of approximately £4500. I want to transfer the title deeds into my name whilst I re-mortgage to Leeds Building Society, pay off the mortgage. Is this possible?
Where you intend to re-mortgage then Leeds Building Society will insist on your using a conveyancer on the Leeds Building Society 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 Leeds Building Society 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 Leeds Building Society mortgage is registered as a charge at the Land Registry.
I am purchasing a end of terrace house in Miskin. The intention is to carry out an extension to the side at the house.Will legal conveyancing on the property involve enquiries to determine if these works are permitted?
Your property lawyer will check the deeds as conveyancing in Miskin can occasionally reveal restrictions in the title documents which prevent certain changes or necessitated the consent of another owner. Some works need local authority planning permissions and approval in accordance building regulations. Some areas are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. You should check these things with a surveyor ahead of any purchase.
I have paid off my mortgage with Leeds Building Society. I assume I don't need a Miskin lawyer on the Leeds Building Society panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Leeds Building Society mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Leeds Building Society mortgage from the register. Leeds Building Society, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Leeds Building Society has sent the Land Registry the discharge electronically, and
- Leeds Building Society has instructed the Land Registry to do so
I have finally had an offer on a maisonette in Miskin accepted, the sellers do nevertheless have a dependent purchase. The owners have placed an offer on a flat, however it’s not been accepted yet, and have viewings of other apartments booked. I have selected a local conveyancing solicitor in Miskin. What should be my next step? When do I get the mortgage application with Virgin Money started?
It is normal to have concerns where there is a chain as you are unlikely to want to incur costs too early (home loan application is approx one thousand pounds, then valuation, Miskin conveyancing search costs, etc). First, you should ensure that your property lawyer is on the Virgin Money conveyancing panel. Concerning the subsequent stages this very much depends on the circumstances of your transaction, desire for this property and on the state of the market. In a rising market many purchasers will apply for the mortgage with Virgin Money and pay for the valuation and only if it was satisfactory would they request their property lawyer to press on with searches.
I have been told that property searches are the main cause of obstruction in Miskin conveyancing transactions. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) has noted the conclusions of research by MoveWithUs that conveyancing searches do not figure within the common causes of delays in the conveyancing process. Local searches are unlikely to be the root cause of holding up conveyancing in Miskin.
About to purchase a new build flat in Miskin. Conveyancing is a frightening process 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.
Set out below are examples of a selection of leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Miskin
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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. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Please confirm the Lease plans are architect prepared. Please provide evidence that the form of Lease proposed has been approved by the Land Registry.