My partner and I are nearing an exchange on a property in Whitchurch and my mum and dad have transferred the exchange deposit to my conveyancing practitioner. I am now told that as the deposit has been sent from someone other than me my conveyancer needs to disclose this to my lender. I am advised that, in also acting for the bank he must inform them that the balance of the purchase price is not just from me. I advised the bank regarding my parents' contribution when I applied for the home loan, so is it really necessary for this now to be an issue?
The solicitor is obliged to check with mortgage company to make sure that they understand that the balance of the purchase price is not from your own resources. Your solicitor can only report this to your mortgage company if you permit them to, failing which, your lawyer must cease to continue acting.
Is it correct that all Whitchurch CQS (Conveyancing Quality Scheme) solicitors are on the HSBC conveyancing list of approved solicitors?
Some major lenders now use CQS as the kick off point for Panel membership such as HSBC and Santander. CQS membership however gives no guarantee to lender panel acceptance. That being said,the CML have indicated that it is likely to become a pre-requisite for solicitor practices wishing to remain on their approved list of conveyancing solicitors.
I have paid off my mortgage with Lloyds. I assume I don't need a Whitchurch solicitor on the Lloyds panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Lloyds mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Lloyds mortgage from the register. Lloyds, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Lloyds has sent the Land Registry the discharge electronically, and
- Lloyds has instructed the Land Registry to do so
I recently had an offer agreed on a house in Whitchurch. My mortgage broker suggested a solicitor. I paid an on account payment of £175. A few days later, the lawyer contacted me sheepishly admitting that they were not on the HSBC 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 HSBC 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.
My wife and I have a 4 bedroom Georgian property in Whitchurch. Conveyancing lawyer represented me and Chelsea Building Society. I did a free Land Registry search last week and there are two entries: the first freehold, the second leasehold under the matching property. If a house is not a freehold shouldn't I have been informed?
You need to read the Freehold register you have again and check the Charges Register for mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Whitchurch and other areas of the country and poses no real issues for owners other than when they remortgage they have to account for both freehold and leasehold interests when dealing with purchasers. You can also check the position with your conveyancing solicitor who conducted the purchase.
How does conveyancing in Whitchurch differ for new build properties?
Most buyers of new build residence in Whitchurch contact us having been asked by the seller to exchange contracts and commit to the purchase even before the house is constructed. This is because builders in Whitchurch tend to buy the real estate, 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 conveyancers 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 accustomed to new build conveyancing in Whitchurch or who has acted in the same development.
My brother has recommend that I appoint his lawyers for conveyancing in Whitchurch. Do I take his guidance?
No doubt it’s preferable to select a conveyancing solicitor is to have referrals from friends or family who have actually experience in using the firm that you are are thinking of instructing.
Estate agents have just been given the go-ahead to market my basement apartment in Whitchurch. Conveyancing lawyers have not yet been instructed, but I have recently received a yearly maintenance charge demand – should I leave it to the buyer to sort out?
Your conveyancing lawyer is likely to suggest that you should clear the invoice as usual given that all rents and service payments should be apportioned as part of the financial calculations for completion monies, so you should recover the relevant percentage by the purchaser for the period running from after the completion date to the next payment date. Most managing agents will not acknowledge the buyer unless the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
Whitchurch Leasehold Conveyancing - Examples of Queries before Purchasing
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Plenty Whitchurch leasehold apartments will be liable to pay a service charge for the upkeep of the block levied on behalf of the management company. Should you purchase the flat you will have to pay this charge, normally periodically throughout the year. This can differ from a couple of hundred pounds to thousands of pounds for bigger purpose-built blocks. There will also be a rentcharge for you to pay yearly, this is usually not a significant amount, say approximately £50-£100 but you need to enquire it because sometimes it could be prohibitively expensive. Who takes responsibility for maintaining and repairing the building?