My conveyancer has identified a defect with the lease for the apartment we are buying in Blackwell. The other side have suggested title insurance as a workaround. We are content with insurance and will cover the costs. Our conveyancer says that he must be satisfied that the lender is happy with this solution. Are we the client or is the bank?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the bank are the client. Your conveyancer must comply with the UK Finance Lenders’ Handbook conditions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the bank can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your conveyancing practitioner will have no choice but to discontinue acting for you.
Do all mortgage companies provide you with an approved list of Blackwell conveyancing solicitors? How do you know who is on the Kent Reliance conveyancing panel?
Blackwell conveyancing firms themselves provide us confirmation that they are on the Kent Reliance conveyancing panel as opposed to being supplied with a list from Kent Reliance directly.
Do the Building Society Association intend to launch a search tool with a view to list solicitors on the Darlington Building Society conveyancing panel for example in Blackwell?
We would not expect to be advised of any intention on the part of the BSA to promote such a search facility.
We are purchasing a house in Blackwell. I might seem paranoid but how we can trust a lawyer? On completion day we have to send our life savings into their account. What protection do we have from them run away with our deposit?
Be assured that all money in a Solicitors client account is 100% safe, and even if your Solicitor ran off with it, the Law Society would reimburse you fully.
I happen to be the sole recipient of my late grandmother’s will with all property in now in my sole name, including the my former home in Blackwell. Conveyancing formalities meant that the Land Registry date was in October. I now wish to sell up. I understand that there is a Mortgage Lenders 6 month 'rule', which means that my property ownership could be treated the same way as though I had purchased the property in October. Is the property unsalable for six months?
The Council of Mortgage Lenders’ handbook mandates solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be affected by that. Some lenders would take a sensible view as this clause principally exists to identify the purchase and immediately sell or the flipping of properties.
My fiancee and I are spending time looking at houses in Blackwell and I am now considering a potential offer. Should I already have a property lawyer appointed at this point? I will be getting a home loan with Skipton.
You should start requesting conveyancing estimates from solicitors ASAP. After you have chosen your lawyer and once your offer is accepted you can instruct them to work for you and forward their details on to the estate agent. As you are getting a mortgage with Skipton, ask your prospective lawyers if they are on the Skipton conveyancing panel otherwise they can't do the mortgage legal work.
I am hoping to put an offer on a small detached house that appears to meet my requirements, at a reasonable figure which is making it more attractive. I have since been informed that the title is leasehold as opposed to freehold. I am assuming that there are particular concerns purchasing a house with a leasehold title in Blackwell. Conveyancing advisers have are about to be appointed. Will my lawyers set out the risks of buying a leasehold house in Blackwell ?
Most houses in Blackwell are freehold and not leasehold. This is one of the situations where having a local conveyancer who is familiar with the area who can assist with the conveyancing process. it is apparent that you are purchasing in Blackwell so you should seriously consider looking for a Blackwell conveyancing solicitor and check that they have experience in advising on leasehold houses. First you will need to check the number of years remaining. As a tenant you will not be at liberty to do whatever you want to the property. The lease comes with conditions such as obtaining the freeholder’sconsent to conduct changes to the property. You may also be required to pay a maintenance charge towards the upkeep of the estate where the property is located on an estate. Your solicitor should appraise you on the various issues.
I bought a ground floor flat in Blackwell, conveyancing formalities finalised February 2005. Can you please calculate a probable premium for a statutory lease extension? Equivalent properties in Blackwell with over 90 years remaining are worth £186,000. The ground rent is £55 charged once a year. The lease ceases on 21st October 2077
With only 52 years remaining on your lease the likely cost is going to span between £29,500 and £34,000 plus costs.
The figure that we have given is a general guide to costs for extending a lease, but we cannot give you a more accurate figure in the absence of detailed due diligence. Do not use the figures in a Notice of Claim or as an informal offer. There may be other concerns that need to be taken into account and clearly you want to be as accurate as possible in your negotiations. You should not move forward based on this information without first getting professional advice.