My uncle passed away last year and as sole heir and executor I was left the property in West Ham. The house had a small mortgage remaining of approximately £8000. I want to have the title changed into my name whilst I re-mortgage to HSBC, pay off the mortgage. Is this allowed?
If you intend to refinance then HSBC will require that you use 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.
A colleague pointed out to me me that in buying a property in West Ham there could be various restrictions affecting the ability to carry out external changes to the property. Is this right?
There are anumerous of properties in West Ham which have some sort of restriction or requirement of consent to execute external alterations. Part of the conveyancing in West Ham should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I am due to exchange contracts on my flat. I had a double glazing fitted in August 2007, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Lloyds are being difficult. The West Ham solicitor who is on the Lloyds conveyancing panel is recommending indemnity insurance as a solution but Lloyds are insisting on a building regulation certificate. Why do Lloyds have a conveyancing panel if they don't accept advice from them?
It is probably the case that Lloyds have referred the matter to their valuer. The reason why Lloyds may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
Our sealed bid on a house in West Ham has been accepted, but there is a chain. The owners have put an offer on somewhere, but it’s not yet tied up, and are looking at other flats booked. I have instructed a high street conveyancing solicitor in West Ham. What should be my next step? When should I get the mortgage application with Skipton started?
It is usual to have concerns where there is a chain as you are unlikely to want to incur costs prematurely (home loan application is in the region of one thousand pounds, then valuation, West Ham conveyancing search fees, etc). The first course of action is to check that your solicitor is on the Skipton approved list. Concerning the next phase this very much dictated by the specifics of your transaction, attraction to this property and on the state of the market. During a buoyant market some buyers would apply for the mortgage with Skipton and arrange for the valuation and only if it was satisfactory would they request their conveyancing practitioner to press on with searches.
Various internet forums that I have frequented warn that are a common cause of delay in West Ham conveyancing transactions. Is that correct?
The Council of Property Search Organisations (CoPSO) published findings of research by MoveWithUs that conveyancing searches do not figure within the common causes of delays during the legal transfer of property. Local searches are not likely to feature in any delay in conveyancing in West Ham.
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, chain free conveyancing. West Ham is where the house is located. Can you shed any light on this issue?
Flying freeholds in West Ham are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside West Ham you would need to get your solicitor to go through the deeds very carefully. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in West Ham 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 property.
My husband and I are four weeks into a residential purchase having been recommend to solicitors by the local agent to perform conveyancing in West Ham. We are not happy. Can you help me find new lawyers?
They would need to be very bad in order to consider diss instructing them. Has the loan offer been generated? If so you will need to make them aware of the new conveyancer and have the offer are issued to the new lawyers. Your new conveyancer should be on the mortgage company panel to avoid escalating costs and complications. So that should be your starting point. Our search tool can assist you in finding a lender approved solicitor for your home move in West Ham
I am on look out for some leasehold conveyancing in West Ham. Before diving in I require certainty as to the number of years remaining on the lease.
If the lease is recorded at the land registry - and 99.9% are in West Ham - then the leasehold title will always include the short particulars of the lease, namely the date; the term; and the original parties. From a conveyancing perspective such details then enable any prospective buyer and lender to confirm that any lease they are looking at is the one relevant to that title. For any other purpose, such as confirming how long the term was granted for and calculating what is left, then the register should be sufficient on it's own.
I own a first flat in West Ham. Given that I can not reach agreement with the landlord, can the Leasehold valuation Tribunal determine the amount due for the purchase of the freehold?
Where there is a missing landlord or where there is disagreement about what the lease extension should cost, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the First-tier Tribunal (Property Chamber) to determine the amount due.
An example of a Lease Extension matter before the tribunal for a West Ham property is 46 Credon Road in January 2014. On 11 September 2013 Deputy District Judge Price sitting at the Bow County Court made a vesting order that the freeholder surrender his lease and be granted a new lease of the Premises on such terms as may be determined by the First Tier Tribunal (Property Chamber).The appropriate sum as concluded by the Tribunal was £7225 This case related to 1 flat. The unexpired term was 69.77 years.