My uncle passed away last year and as sole heir and executor I was left the house in Aston. The house had a small mortgage left on it of around £4500. I want to have the title changed into my name whilst I re-mortgage to Clydesdale, pay off the mortgage. Is this possible?
Where you plan to refinance then Clydesdale will insist on your using a conveyancer on the Clydesdale 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 Clydesdale 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 Clydesdale mortgage is registered as a charge at the Land Registry.
I require expedited conveyancing in Aston as I have an ultimatum to complete inside one month. Thankfully I do not require a mortgage. Can I escape the need for conveyancing searches to save fees and time?
If.Given you are are a cash buyer you are at free not to have searches conducted although no solicitor would suggest that you don't. Drawing on our experience of conveyancing in Aston the following are examples of what can crop up and therefore affect future mortgageability: Refused Planning Applications, Overdue Fees, Overdue Grants, Railway Schemes,...
Should I use a Aston conveyancing practitioner based in the area that I am hoping to buy? We have a good friend who can perform the legal work however her office is over three hundred kilometers drive away.
The primary upside of using a high street Aston conveyancing practice is that you can pop in to sign paperwork, hand in your ID and pester them if necessary. Having local Aston know how is a plus. That being said it's more important to get someone that will pull out all the stops for you. If if people you trust instructed your friend and the majority were content that should trump using an unknown Aston conveyancing solicitor just because they are round the corner.
I work for a reputable estate agency in Aston where we see a number of leasehold sales derailed due to leases having less than 80 years remaining. I have received conflicting advice from local Aston conveyancing firms. Please can you clarify whether the owner of a flat can commence the lease extension process for the purchaser on completion of the sale?
Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or at the same time as completion of the sale.
An alternative approach is to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Aston Leasehold Conveyancing - A selection of Queries before Purchasing
Make sure you investigate if there are any onerous prohibitions in the lease. By way of example plenty of leases prohibit pets being permitted in certain buildings in Aston. If you like the propertyin Aston however your cat is not allowed to move with you then you will be faced difficult determination. Are any of leasehold owners in dispute over their service charge payments? For most Aston leaseholds the outlay for major works tend not to be incorporated into the maintenance charges, albeit that a few managing agents in Aston require leasehold owners to contribute towards a reserve fund and this is used to offset against major repairs or maintenance.
We are seeking to purchase a repossessed flat in Aston and the vendor would like to complete inside a week. Do lawyers complete in this timeframe? Would it be better to use a local Aston firm or an online organisation that advertises to complete quickly?
Attend your Aston high street. Pop in to two or three companies and ask to see a conveyancing solicitor for a quote. Discuss your needs and seek a commitment on deadlines. Select the firm that seems most efficient. You need to choose a property lawyer on the panel of lawyers approved by your mortgage company.