My solicitor has identified a a legal deficiency with the lease for the apartment we are buying in Chelmsford. The seller’s lawyers have suggested title insurance as a workaround. We are happy with insurance and will cover the costs. Our conveyancer has advised that he must check that the mortgage company is happy with this solution. Who is the client here, us or the lender?
Regardless of the fact that you have a mortgage offer from the mortgage company does not mean to say that the property will meet their requirements 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 lender are the client. The appropriate lender requirements must be adhered to.
I have todaybeen informed that Stirling Law have been shut down. They carried out my conveyancing in Chelmsford for a purchase of a freehold house 18 months ago. How can I check that the property is in my name in the name of the former proprietor?
The easiest method to see if the premises is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Chelmsford conveyancing specialists.
Over the last few months I have been searching for a ground for flat up to £245,000 and found one close by in Chelmsford I like with a park and transport links nearby, however it's only got 51 years on the lease. I can't really find anything else in Chelmsford for this price, so just wondered if I would be making a mistake purchasing a short lease?
Should you require a mortgage that many years will be an issue. Discount the offer by the anticipated lease extension will cost if it has not already been discounted. If the existing proprietor has owned the premises for a minimum of twenty four months you can ask them to start the process of the extension and then assign it to you. An additional ninety years can be extended on to the current lease term and have £0 ground rent by law. You should consult your conveyancing solicitor regarding this matter.
In my capacity as executor for the estate of my grandfather I am disposing of a residence in Neath but reside in Chelmsford. My lawyer (approximately 235 miles from mehas requested that I execute a stat dec before the transaction finalising. Can you recommend a conveyancing solicitor in Chelmsford to witness and place their company stamp on the document?
Technically speaking you are not likely to need to have the documents witnessed by a conveyancing solicitor. Normally or notary public or solicitor will be fine regardless of whether they are located in Chelmsford
I acquired a flat in Chelmsford last 29/9/2022 and to date it is still not registered with the Land Registry. It was part of a new estate and my property lawyer told me that it may take one year to complete the registration formalities. I have contacted HMLR directly and they have informed me the initial application was cancelled due to failure to reply to requisitions. Do I need to be concerned?
Call your conveyancing practitioner - if you are not getting sensible responses, enquire as to their firm’s complaints process and amplify your problem to a Partner. Registrations for Chelmsford conveyancing are not known to be particularly slow.