Our conveyancer has uncovered a defect with the lease for the flat we are buying in Tufnell Park. The seller’s lawyers have suggested defective title insurance as a workaround. We are happy with insurance and will pay for it. Our solicitor has advised that he must check that the mortgage company 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 bank 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 conditions. You and the mortgage company are the client. These conveyancing instructions must be adhered to.
My flat in Tufnell Park is up for sale and I have accepted an offer. Does the solicitor need to be on the Yorkshire BS conveyancing panel in order to deal with the discharge of my mortgage?
Ordinarily, even if your lawyer is not on the Yorkshire BS conveyancing panel they can still act for you on your sale. It might be that the lender will not release the original deeds (if applicable and increasingly irrelevant) until after the mortgage is paid off. You should speak to your lawyer directly before you start the process though to ensure that there is no problem as lenders are changing their conditions fairly frequently at the moment.
I am downsizing from our property in Tufnell Park and the buyers lawyers are claiming that there is a possibility that the property was constructed land that was not decontaminated. Any high street Tufnell Park lawyer would know that there is no such problem. It does beg the question why the buyers used a national conveyancing practice rather than a conveyancing solicitor in Tufnell Park. Having lived in Tufnell Park for 4 years we know of no issue. Is it a good idea to contact our local Authority to obtain confirmation that there is no issue.
It sounds as though you may have a conveyancing solicitor already. What do they say? You must check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same illness)
My wife and I own a terraced Victorian house in Tufnell Park. Conveyancing practitioner acted for me and Coventry Building Society. I did a free Land Registry search last week and there are two entries: the first freehold, another for leasehold with the exact same property. I thought I was buying a freehold how can I check?
You need to read the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Tufnell Park and other locations in the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with purchasers. You can also question the situation with your conveyancing practitioner who completed the work.
Yesterday I discovered that there is a flying freehold issue on a house I put an offer in last month in what was supposed to be a simple, no chain conveyancing. Tufnell Park is the location of the property. Can you shed any light on this issue?
Flying freeholds in Tufnell Park are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Tufnell Park you must be sure that your lawyer goes through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Tufnell Park may determine 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 residence.
I need to appoint a conveyancing solicitor for sale conveyancing in Tufnell Park. I happened to land on a web site which looks to be the perfect offering If there is a chance to get all this stuff completed via email that would be preferable. Do I need to be concerned? What are the potential pitfalls?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?