Our son is buying a house that has just been built in Cleator Moor with a mortgage from Lloyds. His solicitor has advised him of a delay in receiving the ‘Disclosure of Incentive Form’. Who needs to receive the form?

The document is intended to provide information to the main parties engaged in the transaction. Therefore, it will be provided to your son’s lawyer who should be on the Lloyds conveyancing panel as a standard part of the process, and to the valuer when requested. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Lloyds conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.

Me and my partner are purchasing a apartment in Cleator Moor. I might seem paranoid but how we can trust a lawyer? On completion day we have to deposit funds into their account. What is the protection 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 have paid off my mortgage with Virgin Money. I assume I don't need a Cleator Moor property lawyer on the Virgin Money panel to remove the mortgage at the Land Registry. Please confirm.

If you have finished paying off your Virgin Money 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 Virgin Money mortgage from the register. Virgin Money, 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:

1. but are not moving to another property
2. where Virgin Money has sent the Land Registry the discharge electronically, and
3. Virgin Money has instructed the Land Registry to do so

I currently have a mortgage with Nottingham for my property in Cleator Moor. Conveyancing was finalised 12 months ago. If I am intending to rent out the flat and do not currently have a buy-to-let mortgage do I need to remortgage to a BTL mortgage or inform Nottingham?

You must advise Nottingham before renting your property as this is likely to be a breach of Nottingham’s mortgage conditions. In many cases banks or building societies will permit you to let out your former home without needing to switch to a buy-to-let mortgage but some lenders will add a surcharge to your mortgage rate to reflect the higher risk. You should contact Nottingham directly. You need not do this via a Nottingham conveyancing panel lawyer.

Just had an offer accepted on a new build apartment in Cleator Moor. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build conveyancing.

Set out below are examples of a few leasehold new build questions that you may expect your new-build leasehold conveyancing in Cleator Moor

Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Please supply evidence that the form of Lease proposed has been approved by the Land Registry. Forfeiture - bankruptcy or liquidation must not apply under this provision.

Due to the input of my in-laws I had a survey completed on a house in Cleator Moor prior to instructing conveyancers. I have been advised that there is a flying freehold overhang to the property. My surveyor advised that some banks will refuse to issue a loan on such a premises.

It depends who your proposed lender is. Santander has different instructions for example to Nationwide. If you call us we can investigate further with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Cleator Moor. Conveyancing will be smoother if you use a solicitor in Cleator Moor especially if they are accustomed to such properties in Cleator Moor.

Should I be concerned about estate agents that I am dealing with are recommending a nationwide conveyancing firm rather than a local Cleator Moor conveyancing company?

As is the case with lots of service providers, often recommendations from connections can be most helpful. Nevertheless there are many players in a conveyancing transaction; estate agents, financial adviser and banks may recommend solicitors to appoint. On occasion the conveyancers might be known to one of the organisations as experts in their field, but sometimes there exists a financial incentive behind the recommendation. You have the discretion to choose your preferred lawyer. Don't forget that many banks specify a panel list of solicitors you must use for the mortgage aspect of your house move.