My partner and I are planning to purchase a property in Rowley Regis and are in fact using a Rowley Regis conveyancing firm. Within the last couple of days our property lawyer has sent a preliminary report and documents to look through with a view to exchanging next week. Yorkshire Building Society have this morning contacted us to advise us that there is now an issue as our Rowley Regis solicitor is not on their conveyancing panel. Is this a problem?
When purchasing a property with the benefit of a mortgage it is usual for the purchasers' lawyers to also act for the mortgage company. 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 property lawyer should contact your mortgage company and see if they can apply for membership of their conveyancing panel, but if that is not viable they will instruct their own lawyers to represent them. You don't have to instruct a firm on the bank's conveyancing panel as you are at liberty to use your preferred Rowley Regis lawyers, in which case your legal fees may increase, and it will likely delay the transaction as you have another set of people involved.
My grandmother passed away 10 months ago and as sole heir and executor I was left the house in Rowley Regis. The house had a relatively small loan left on it of around £5k. I want to have the title changed into my name whilst I re-mortgage to Santander, pay off the mortgage. Is this allowed?
Given you plan to refinance then Santander will require that you use a conveyancer on the Santander 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 Santander 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 Santander mortgage is registered as a charge at the Land Registry.
Will my conveyancer be raising questions concerning flooding during the conveyancing in Rowley Regis.
Flooding is a growing risk for lawyers dealing with homes in Rowley Regis. There are those who purchase a property in Rowley Regis, fully expectant that at some time, it may suffer from flooding. However, leaving to one side the physical damage, if a property is at risk of flooding, it may be difficult to get a mortgage, satisfactory insurance cover, or sell the property. There are steps that can be taken as part of the conveyancing process to forewarn the purchaser.
Conveyancers are not best placed to offer advice on flood risk, however there are a various checks that can be initiated by the purchaser or by their lawyers which can figure out the risks in Rowley Regis. The conventional set of information supplied to a purchaser’s lawyer (where the solicitors are adopting what is known as the Conveyancing Protocol) includes a usual question of the seller to determine if the premises has historically flooded. If the property has been flooded in past and is not revealed by the seller, then a buyer could bring a legal claim for losses resulting from an incorrect response. A buyer’s solicitors may also order an enviro report. This will higlight whether there is any known flood risk. If so, more detailed investigations will need to be initiated.
Despite weeks of looking the Title Certificate and documents to our home can not be found. The conveyancers who conducted the conveyancing in Rowley Regis 10 years ago have long since closed. What are my next steps?
Assuming the title is registered the information relating to your ownership will be retained by HMLR with a Title Number. It is easy to carry out a search at the Land Registry, find your property and secure up to date copies of the property title for less than a fiver. If the property is Leasehold then the Land Registry will also normally hold a file duplicate of the Registered Lease and again, a copy can be obtained for twenty pounds.
I am buying a new build apartment in Rowley Regis. 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 legal work.
Here are examples of a selection of leasehold new build questions that you may expect your new-build leasehold conveyancing in Rowley Regis
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Forfeiture - bankruptcy or liquidation must not apply under this provision. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Please confirm the Lease plans are architect prepared. 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.
Been on the hunt for a lawyer for leasehold sale conveyancing in Rowley Regis. We are selling, simple no mortgage to pay off, no rush, currently empty. Got an estimate from a solicitor for £1000 plus VAT which is a tad expensive considering its so straightforward. Can I pay less for conveyancing in Rowley Regis?
As it’s a sale only, £450 + VAT is likely to be about the best for sale conveyancing in Rowley Regis.