My solicitor has identified a a legal deficiency with the lease for the flat we are purchasing in Carmel. The other side have suggested title insurance as a solution. We are content with insurance and will pay for it. Our lawyer has advised that he must ensure that the bank is content with this solution. Are we the client or is the lender?
Notwithstanding that you have a mortgage offer from the bank does not mean to say that the property will meet their conditions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook conditions. You and the mortgage company are the client. These conveyancing instructions have to be complied with.
The Carmel conveyancing solicitors that I appointed last week on my purchase in Carmel have without warning closed. I only went with them because I had to have a lawyer on the Virgin Money conveyancing panel and my preferred Carmel lawyer was not. I cut them a cheque for two hundred pounds in advance. What should be my next steps?
Assuming that you have an Estate Agent in the equation then let them know immediately so that they advise the vendors that there may be a slight delay due to the problems encountered. Hopefully they will be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Virgin Money conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new lawyers should be in a position to assist.
I happen to be the only recipient of my late father’s will and I have everything in my name now, including the house in Carmel. Conveyancing formalities meant that the Land Registry date was in January. I want to move. I do know about the Mortgage Lenders six month 'rule', which means that my proprietorship may be considered the same way as if I'd bought the house in January. Will no one buy the property for half a year?
The CML handbook mandates conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you may be caught by that. How practical a view mortgage companies take of it, depend on the bank as this provision is principally there to identify the purchase and immediately sell or the wholesaling and assigning of properties.
Is it the case that all Carmel solicitor firms on the Nottingham conveyancing panel are governed by the Solicitors Regulatory Authority?
As solicitors, in order to be on the Nottingham conveyancing panel they would need to be regulated by the SRA. The majority of lenders do list licenced conveyancers on their panel and in such a situation the practice would be overseen by the CLC.
Planning on purchasing a apartment in Carmel. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Lender if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Lloyds conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Carmel property lawyer is on the Lloyds conveyancing panel.
I used Arc property Solicitors a few years ago for my conveyancing in Carmel. Now, I need the files but cannot find the solicitor. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Carmel of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
I work for a reputable estate agency in Carmel where we have experienced a few leasehold sales jeopardised due to short leases. I have received conflicting advice from local Carmel conveyancing solicitors. Can you clarify whether the seller of a flat can start the lease extension process for the purchaser on completion of the sale?
Provided that the seller has owned the lease for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the buyer can avoid having to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed prior to, or simultaneously with completion of the sale.
Alternatively, it may be possible 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 buyer.
I invested in buying a basement flat in Carmel, conveyancing formalities finalised May 2010. Can you shed any light on how much the price could be for a 90 year extension to my lease? Equivalent flats in Carmel with over 90 years remaining are worth £206,000. The average or mid-range amount of ground rent is £45 charged once a year. The lease comes to an end on 21st October 2090
With only 66 years unexpired we estimate the premium for your lease extension to range between £11,400 and £13,200 plus legals.
The suggested premium range above a general guide to costs for extending a lease, but we are not able to provide a more accurate figure without more comprehensive investigations. Do not use this information in tribunal or court proceedings. There may be additional concerns that need to be considered and you obviously should be as accurate as possible in your negotiations. Please do not move forward based on this information without first seeking the advice of a professional.