My wife and I are approaching an exchange on a property in Willesden and my mum and dad have sent the ten percent deposit to my conveyancing practitioner. I am now advised that as the deposit has not arrived from me my solicitor needs to disclose this to my lender. Apparently, in also acting for the lender he must inform them that the balance of the purchase price is not just from me. I disclosed to the bank about my parents' contribution when I applied for the home loan, so is it really necessary for him to raise this?
The property lawyer is duty bound to clarify with the bank to make sure that they know that the balance of the purchase price is not from your own resources. The solicitor can only report this to your mortgage company if you permit them to, failing which, your lawyer must cease to continue acting.
Do I need to visit the offices of the solicitor to sign the mortgage deed? If so, I will appoint a lawyer who conducts conveyancing in Willesden so that I can attend their offices if necessary.
As opposed to 15 years ago, almost all mortgage companies no longer need their conveyancing panel solicitor to witness the mortgagors signature. You will still be obliged to hand over ID documents and there are still manifest benefits to instructing a local ayer, in your case a conveyancing solicitor in Willesden.
Me and my brother have a terraced Edwardian property in Willesden. Conveyancing lawyer acted for me and Aldermore. I happened to do a free search for it on the Land Registry database and I saw two entries: the first freehold, the second leasehold with the exact same address. If a house is not a freehold shouldn't I have been informed?
You need to review 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 Willesden and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with mortgage companies. You can also question the situation with the conveyancing lawyer who completed the work.
I decided to have a survey carried out on a house in Willesden before appointing lawyers. I have been told that there is a flying freehold aspect to the house. Our surveyor has said that some mortgage companies tend refuse to issue a loan on such a premises.
It depends who your proposed lender is. Santander has different instructions from Nationwide. If you e-mail us we can look into this further via the appropriate bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Willesden. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Willesden to see if the conveyancing will be more expensive.
Do you have any top tips for leasehold conveyancing in Willesden from the point of view of expediting the sale process?
- A significant proportion of the delay in leasehold conveyancing in Willesden can be reduced where you appoint lawyers as soon as your agents start marketing the property and request that they start to put together the leasehold documentation needed by the buyers’ representatives. If you have had any disputes with your landlord or managing agents it is essential that these are resolved before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a flat where a dispute is unsettled. You will have to accept that you will have to pay any arrears of service charge or settle the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You are still duty bound to disclose particulars of the dispute to the purchasers, but it is better to reveal the dispute as historic rather than ongoing. If you have the benefit of shareholding in the freehold, you should make sure that you have the original share certificate. Organising a new share certificate can be a lengthy process and delays many a Willesden conveyancing transaction. Where a reissued share is needed, you should approach the company director and secretary or managing agents (where applicable) for this at the earliest opportunity. A minority of Willesden leases require Landlord’s consent to the sale and approval of the buyers. If this is the case, you should place the estate agents on notice to make sure that the purchasers put in hand financial (bank) and professional references. The bank reference should make it clear that the buyer is able to meet the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their lawyers.
Following months of negotiations we are unable to agree with our landlord on how much the lease extension should cost for our flat in Willesden. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
if there is a missing freeholder 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 make a decision on the premium.
An example of a lease Extension decision for a Willesden property is First Floor Flat 47 Huddlestone Road in December 2010. the Tribunal a valuation of £13,000 for a lease extension having been asked to consider the premium following a vesting order being granted by Willesden County Court On 14th September 2009 This case related to 1 flat. The unexpired residue of the current lease was 71.87 years.
I am looking for Willesden conveyancing quotes online. Can I be assured that all the Willesden practices that are identified on your directory are on the lender conveyancing panel?
The law firms listed on our site have advised us that they are on the lender panel and agreed to advise us to take down their listing in the event of removal off of the mortgage company panel. To date we have not been informed by either a bank or a member of the public that the data about a specific Willesden conveyancing solicitor being on the bank conveyancing panel is not accurate.