My aunt passed away 10 months ago and as sole heir and executor I was left the property in Belton. The house had a relatively small loan remaining of approximately £4500. I want to have the title changed into my name whilst I re-mortgage to HSBC, pay off the mortgage. Is this possible?
Given you intend to re-mortgage then HSBC will insist on your using 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.
I happen to be the single beneficiary of my late grandmother’s estate and I have everything in my name alone, including the my former home in Belton. Conveyancing formalities meant that the Land Registry date was in March. I want to move. I understand that there is a Mortgage Lenders 6 month 'rule', which means that my property ownership will be regarded the same way as though I had purchased the house in March. Will no one buy the property for half a year?
The CML handbook instructs conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you may be caught by that. Most banks would take a pragmatic view as this clause is primarily there to capture subsales or the quick reselling of properties.
is it true that all Belton solicitor practices on the Kent Reliance conveyancing panel are overseen by the SRA?
As solicitors, in order to be on the Kent Reliance conveyancing panel they would need to be governed by the Solicitors Regulatory Authority. Many mortgage companies do permit licenced conveyancers on their panel in which case such practice would be regulated by the Council of Licensed Conveyancers.
The formalities of my purchase has taken place for my property in Belton. Conveyancing was of an acceptable standard but I feel I should register my dissatisfaction about the lender. How do I make a complaint?
Almost all lenders have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Services Team at head office. In most cases complaints to a lender are sorted out very quickly. If you feel the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR who will take matters further.
four months have gone by following my purchase conveyancing in Belton took place. I have checked the Land Registry site which shows that I paid £175,000 when infact I paid £180,000. Why the discrepancy?
The price paid figure is taken from the application to register the purchase. It is the figure included in the Transfer (the legal deed which transfers the residence from one person to the other) and referred to as the 'consideration' or purchase price. You can report an error in the price paid figure using the LR online form. In most cases errors result from typos so at first glance the figure. Do report it so they can double check and advise.
I opted to have a survey done on a property in Belton ahead of appointing solicitors. I have been advised that there is a flying freehold aspect to the house. The surveyor has said that some mortgage companies will not give a mortgage on this type of property.
It depends who your proposed lender is. HSBC has different requirements for example to Nationwide. Should you wish to call us we can investigate further with the appropriate bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Belton. Conveyancing may be slightly more expensive based on your lender's requirements.
In my capacity as executor for the estate of my uncle I am selling a property in Monmouth but reside in Belton. My conveyancer (approximately 260 kilometers from mehas requested that I execute a stat dec prior to the transaction finalising. Could you suggest a conveyancing solicitor in Belton who can attest and place their company stamp on the document?
strictly speaking you should not be required to have the documents witnessed by a conveyancing solicitor. Ordinarily any notary public or qualified solicitor will be fine regardless of whether they are based in Belton