My partner and I are only a couple days away from an exchange on a flat in Brinsworth and my mum and dad have sent the exchange deposit to my . I am now told that as the deposit has been sent from someone other than me my needs to make a notification to my lender. Apparently, in also acting for the mortgage company he must inform them that the balance of the purchase price is coming from anyone other than me. I informed the bank regarding my parents' contribution when I applied for the mortgage, so is it really appropriate for this now to hold matters up?
Your is legally required to check with the bank to make sure that they understand that the balance of the purchase price is not from your own resources. Your solicitor can only notify this to your lender if you permit them to, failing which, your lawyer must cease to continue acting.
is it true that all Brinsworth conveyancing solicitors on the conveyancing panel are overseen by the Solicitors Regulatory Authority?
As solicitors, in order to be on the conveyancing panel they would need to be governed by the Solicitors Regulatory Authority. Many lenders do list licenced conveyancers on their panel and in such a situation the firms would be governed by the CLC.
I had a mortgage agreed in principle with . Brinsworth conveyancing solicitors were appointed. What is the average time that one could expect to receive a mortgage offer from ?
There is no definitive answer here. Have conducted the survey? Have you advised as to your lawyers' details and checked that your lawyers are on the conveyancing panel? It is not unusual for a mortgage offer to take a month to come through.
I am expecting a DIP from this week so we know how much we could potentially offer as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do recommend any Brinsworth solicitors on the conveyancing panel, or is it better to go independently?
You will need to appoint Brinsworth solicitors independently although you'll need to choose one on the conveyancing panel. The solicitor represents both you and through the process.
My wife and I have a renovated Edwardian property in Brinsworth. Conveyancing lawyer acted for me and . I happened to do a free search for it on the Land Registry database and there are two entries: one for freehold, the second leasehold under the exact same address. If a house is not a freehold shouldn't I have been informed?
You should 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 Brinsworth and other areas of 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 lenders. You can also enquire as to the position with your conveyancing solicitor who conducted the conveyancing.
Due to the advice of my in-laws I had a survey completed on a property in Brinsworth prior to appointing solicitors. I have been told that there is a flying freehold element to the property. Our surveyor has said that some banks will refuse to give a mortgage on a flying freehold property.
It varies from the lender to lender. Bank of Scotland has different requirements for example to Nationwide. If you contact us we can check 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 Brinsworth. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Brinsworth to see if the conveyancing costs will increase in light of this.
I happen to be an executor of my recently deceased mother’s Will, with a property in Brinsworth which is to be marketed. The house has never been registered at HMLR and I'm told that many EAs will insist that it is done before they'll move forward. What's the procedure for this?
In the situation you refer to it seems sensible to seek to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. HMLR’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and certified copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.