My aunt passed away 10 months ago and as sole heir and executor I was left the property in Warwick. The house had a small mortgage remaining of approximately £4500. I want to have the title changed into my name whilst I re-mortgage to Kent Reliance, pay off the mortgage. Is this possible?
Where you plan to refinance then Kent Reliance will require that you use a conveyancer on the Kent Reliance 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 Kent Reliance 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 Kent Reliance mortgage is registered as a charge at the Land Registry.
I just bought a property at auction in Warwick. Conveyancing is necessary. What is next?
Given that you have now exchanged you must instruct a conveyancing solicitor soon as you are faced with a fast approaching a drop dead date to complete the property. Every auction property should have an associated legal pack. This should include evidence of title and search results. Where you are dealing with leasehold property the auction pack should contain a copy of the lease, management information and a sellers leasehold information form and associated conveyancing paperwork pertinent to leasehold premises. You must pass this on to your appointed conveyancing solicitor ASAP. You also need to ensure that your finances are in order to complete the transaction on the set completion date.
I recently had an offer agreed on an apartment in Warwick. My mortgage broker suggested a lawyer. I paid an upfront payment of £200. Shortly after, the property lawyer called me to say that they were not on the Kent Reliance conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Kent Reliance panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
About to purchase flat in Warwick. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Building Society if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Coventry BS conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Warwick property lawyer is on the Coventry BS conveyancing panel.
Are there restrictive covenants that are commonly picked up as part of conveyancing in Warwick?
Covenants that are restrictive in nature can be picked up when reviewing land registry title as part of the legal transfer of property in Warwick. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
I have been on the look out for a ground for flat up to £195,000 and identified one near me in Warwick I like with a park and station nearby, the downside is that it's only got 61 remaining years left on the lease. I can't really find anything else in Warwick in this price bracket, so just wondered if I would be making a grave error acquiring a short lease?
If you need a mortgage the shortness of the lease may be an issue. Discount the offer by the amount the lease extension will cost if not already taken into account. If the existing proprietor has owned the premises for at least twenty four months you could request that they commence the lease extension formalities and pass it to you. An additional ninety years can be extended on to the existing lease term with a zero ground rent applied. You should consult your conveyancing solicitor concerning this matter.
What does commercial conveyancing in Warwick cover?
Commercial conveyancing in Warwick covers a broad range of guidance, offered by regulated solicitors, relating to business property. For example, this area of conveyancing can cover the sale or purchase of freehold business premises or, more commonly, the transfer of existing business tenancies or the drafting of new leasing arrangements. Commercial conveyancing solicitors can also offer advice on the sale of business assets, commercial mortgages and the termination of leases.
Much to my surprise my conveyancing solicitor in Warwick has requested from me proof of ID documents stating that this is part of his obligations as a solicitor on the mortgage company Conveyancing panel. Is this right?
Due to Money Laundering Regulations your conveyancing lawyer is duty bound to confirm positively your identification when entering into a business relationship with you. It is a criminal offence if your lawyer not do this. If you do not provide ID early in the transaction the solicitor must refuse to act for you. It’s unlikely a lawyer will turn you away if you come to the first meeting without relevant ID but you will have to produce it at some point so you might as well bring it with you to the initial meeting so the lawyer can tick the ID verification box and start sorting out the conveyancing straight away. If you are getting a mortgage, your lawyer also has to check ID documents to satisfy the lender. This is not specific to conveyancing in Warwick