My aunt passed away 10 months ago and as sole heir and executor I was left the property in West Malling. The house had a relatively small loan remaining of approximately £5k. I want to have the title changed into my name whilst I re-mortgage to Yorkshire BS, pay off the mortgage. Is this allowed?
Given you plan to refinance then Yorkshire BS will insist on your using a conveyancer on the Yorkshire BS 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 Yorkshire BS 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 Yorkshire BS mortgage is registered as a charge at the Land Registry.
How does conveyancing in West Malling differ for newly converted properties?
Most buyers of new build property in West Malling contact us having been asked by the builder to exchange contracts and commit to the purchase even before the residence is completed. This is because new home sellers in West Malling tend to acquire the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in West Malling or who has acted in the same development.
I opted to have a survey completed on a house in West Malling in advance of retaining solicitors. I have been advised that there is a flying freehold aspect to the house. My surveyor advised that some mortgage companies may not grant a mortgage on this type of house.
It depends who your proposed lender is. HSBC has different requirements from Birmingham Midshires. If you contact us we can check via the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in West Malling. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in West Malling to see if the conveyancing costs will increase in light of this.
What does commercial conveyancing in West Malling cover?
West Malling conveyancing for business premises incorporates a wide range of advice, supplied by qualified solicitors, relating to business premises. For instance, this type of conveyancing can cover the sale or purchase of freehold business premises or, more usually, 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 loans and the termination of leases.
Can you offer any advice when it comes to appointing a West Malling conveyancing firm to carry out our lease extension conveyancing?
When appointing a conveyancer for lease extension works (regardless if they are a West Malling conveyancing firm) it is essential that they be familiar with the legislation and specialises in this area of work. We suggest that you speak with two or three firms including non West Malling conveyancing practices before you instructing a firm. If the firm is ALEP accredited then that’s a bonus. The following questions might be of use:
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What are the legal fees for lease extension conveyancing?
Leasehold Conveyancing in West Malling - Sample of Queries before Purchasing
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Most West Malling leasehold apartments will incur a service charge for maintenance of the building set by the freeholder. Should you buy the property you will have to pay this charge, normally quarterly during the year. This can vary from a couple of hundred pounds to thousands of pounds for buildings with lifts and large communal areas. There will also be a rentcharge to be met yearly, this is usually not a significant sum, say about £50-£100 but you need to check as on occasion it can be prohibitively expensive. How many of the leaseholders are in arrears for their service charge payments? Does the lease have onerous restrictions?
My brother-in-law has suggested I instruct a conveyancing solicitor in West Malling. I need to find out if they are listed on the bank's conveyancing panel. Can you assist?
You should contact your lawyer to enquire if they are on the lender's approved list. If that does not help call us and we can investigate and revert. Should the firm not be on the conveyancing panel we we can help find a reputable conveyancing solicitor in West Malling on the approved list for your mortgage company.