My uncle passed away last year and as sole heir and executor I was left the property in Cleator. The house had a relatively small loan left on it of around £8000. I want to transfer the title deeds into my name whilst I re-mortgage to HSBC, pay off the mortgage. Is this allowed?
If you intend to refinance then HSBC will require that you use 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.
We are getting the release of further funds on our home loan from Kent Reliance as we want to conduct a loft conversion to our property in Cleator. Do we need to select a nearby Cleator solicitor on the Kent Reliance conveyancing panel to deal with the paperwork?
Kent Reliance do not ordinarily instruct a member of their conveyancing panel to handle such a matter. If they do require any legal work then you would need to ensure that such a lawyer was on the Kent Reliance conveyancing panel.
We have agreed to purchase a house in Cleator. A rare aspect is that the roof has a solar panel. HSBC have issued a mortgage offer so presumably this is not a concern to them. Why is my solicitor raising questions about the panel?
As you are obtaining a mortgage with HSBC your lawyer must check the conveyancing requirements set out in Part 2 of UK Finance Lenders’ Handbook for HSBC. The Council of Mortgage Lenders’ Handbook contains minimum requirements for solar panel roof-space leases, and conveyancers are required to report to HSBC where a lease fails to comply with these specifications. The provisions relate to the installation of panels on properties countrywide and is not restricted to Cleator.
I have today made my last payment due on my mortgage with UBS. I assume I don't need a Cleator solicitor on the UBS panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your UBS mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the UBS mortgage from the register. UBS, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where UBS has sent the Land Registry the discharge electronically, and
- UBS has instructed the Land Registry to do so
What does a local search inform me about the house my wife and I buying in Cleator?
Cleator conveyancing often starts with the submitting local authority searches directly from your local Authority or via a personal search organisations for instance PSG The local search plays an important role in many a Cleator conveyancing purchase; as long as you don’t want any nasty surprises after you move into your new home. The search should supply information on, amongst other things, details on planning applications applicable to the premises (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen subject areas.
I'm refinancing my primary house to a buy to let mortgage with The Royal Bank of Scotland and I will use the rest of the raised equity as a deposit on further house. The neighborhood we are looking at is Cleator. Will your lawyers be able to act for the two lenders and link together the transactions?
Do use our search tool on this site to ensure that the solicitors are approved by both banks. On the basis that they are your lawyer will be able to tie up the two deals but you should talk with you solicitor and communicate your expectations and needs.
I happen to be an executor of my recently deceased aunt’s Will, with a house in Cleator which is to be sold. The bungalow has never been registered at the Land Registry and I'm told that many EAs will insist that it is completed before they'll move forward. What's the procedure for this?
In the circumstances you refer to it seems advisable to apply to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. The Land Registry’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 official copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.