My aunt passed away six months ago and as sole heir and executor I was left the property in Rise Park. The house had a small mortgage remaining of approximately £5k. I want to have the title changed into my name whilst I re-mortgage to HSBC, pay off the mortgage. Is this allowed?
Where you intend to re-mortgage then HSBC will insist on your using a conveyancer on the HSBC 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 HSBC 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 HSBC mortgage is registered as a charge at the Land Registry.
My bid for a property was accepted at auction in Rise Park. Conveyancing is required. What are my next steps?
Now that you have legally bound yourself to purchase you now have to hire the services of a conveyancing practitioner as a matter of priority as you are facing a fast approaching deadline in which to complete the purchase. All auction property will ordinarily have a bespoke auction set of papers. This will likely include evidence of title and search results. Where you are dealing with leasehold premises the conveyancing pack may provide a copy of the lease, management information and a sellers leasehold information form and associated conveyancing paperwork specific to leasehold premises. You should pass this on to the conveyancer working for you at the earliest opportunity. Do make sure that your finances are in place to complete on the date specified in the contract.
I'm in the process of looking at apartments in Rise Park and I am now considering a potential offer. Is it wise to have my solicitor on ‘stand by’? I am planning to take a home loan with Kent Reliance.
It would be prudent to start your search sooner rather than later. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and pass their contact information on to the selling agent. Given that you are seeking a mortgage with Kent Reliance, ask your prospective lawyers if they are on the Kent Reliance conveyancing panel otherwise they can't do the mortgage legal work.
Completion of my purchase has taken place for my property in Rise Park. Conveyancing was a necessary evil but I feel I should register my dissatisfaction about the lender. Who do I contact should I wish to lodge a complaint?
Most banks and building societies have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Care Department at head office. Ordinarily complaints to a lender are resolved very quickly. If you feel the matter is not resolved you can write to Financial Ombudsman Service who will take matters further.
Just had an offer accepted on a new build flat in Rise Park. Conveyancing is daunting 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 are examples of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Rise Park
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Please provide evidence that the form of Lease proposed has been approved by the Land Registry. 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. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. 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.
Due to the encouragement of my in-laws I had a survey completed on a house in Rise Park in advance of appointing solicitors. I have been told that there is a flying freehold overhang to the house. The surveyor has said that some mortgage companies tend not issue a mortgage on such a property.
It varies from the lender to lender. Bank of Scotland has different instructions from Birmingham Midshires. If you contact us we can investigate further via the appropriate lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Rise Park. Conveyancing may be slightly more expensive based on your lender's requirements.
I am attracted to a two flats in Rise Park which have in the region of 50 years remaining on the lease term. should I be concerned?
There are plenty of short leases in Rise Park. The lease is a legal document that entitles you to use the property for a prescribed time frame. As the lease gets shorter the saleability of the lease decreases and it becomes more expensive to acquire a lease extension. This is why it is advisable to increase the term of the lease. It is often difficulties arise selling premises with a short lease as mortgage companies less inclined to grant a loan on such properties. Lease enfranchisement can be a difficult process. We recommend you seek professional help from a conveyancer and surveyor with experience in this field.
Following years of negotiations we are unable to agree with our landlord on how much the lease extension should cost for our flat in Rise Park. Can we issue an application to the Residential Property Tribunal Service?
Most certainly. We can put you in touch with a Rise Park conveyancing firm who can help.
An example of a Lease Extension decision for a Rise Park flat is Flat b 14 Kemble Road in May 2014. The Tribunal assessed the value of the premium payable for the lease extension to be £9,761 This case affected 1 flat.
I pay a service charge for my flat in Rise Park. Due to redundancy and other issues I fell behind with remittance. The freeholders agreed a settlement schedule but there is still around £3000 currently outstanding.
I now wish to sell and I am nervous that this will threaten to derail the sale if I have to settle the arrears now. I'd like to sell up and then pay them back with the proceeds - is this practicable?
It would be wise to check with the conveyancing practitioner carrying out your Rise Park conveyancing but one option may be to arrange for the arrears to be transferred to the buyers. The purchase price they pay would be adjusted to reflect the amount of debt they assume. They would then deal with the arrears after completion of the sale.