My grandmother passed away six months ago and as sole heir and executor I was left the property in Cleator Moor. The house had a relatively small loan remaining of approximately £4500. I want to have the title changed into my name whilst I re-mortgage to Barclays, pay off the mortgage. Is this possible?
Given you plan to re-mortgage then Barclays will require that you use a conveyancer on the Barclays 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 Barclays 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 Barclays mortgage is registered as a charge at the Land Registry.
I am helping my sister sell her house in Cleator Moor. Will the solicitor arrange an energy assessment or do I organise this?
Following the demise of HIPs, energy assessments was left as a required part of moving house. An EPC needs to be to hand in advance of the property being advertised. It is not as aspect of the sale process that law firms normally arrange. Where you are using a Cleator Moor conveyancing practitioner they might be willing to arrange EPC’s due to their contacts with reputable Cleator Moor assessors
I have paid off my mortgage with HSBC. I assume I don't need a Cleator Moor solicitor on the HSBC panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your HSBC 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 HSBC mortgage from the register. HSBC, 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 HSBC has sent the Land Registry the discharge electronically, and
- HSBC has instructed the Land Registry to do so
I am currently in the process of buying my council flat in Cleator Moor. I have a mortgage agreed with TSB. Conveyancing is new to me. Can I proceed without a solicitor easily? I think we can but we keep being told I should have one. Any advice?
It is not advisable to proceed with a house purchase without a solicitor. The council's solicitor are not acting for you. You need a solicitor for a number reasons. One of which is to verify what plans the Council have for repairs and refurbishment for the next five years. Many leaseholders have been stung for contributions of thousands of pounds. In any event, if you are getting a mortgage with TSB, you will need to appoint a solicitor on the TSB conveyancing panel.
Will my lawyer be raising questions regarding flooding as part of the conveyancing in Cleator Moor.
Flooding is a growing risk for lawyers specialising in conveyancing in Cleator Moor. There are those who buy a house in Cleator Moor, fully expectant that at some time, it may suffer from flooding. However, aside from the physical destruction, if a house is at risk of flooding, it may be difficult to get a mortgage, adequate building insurance, or dispose of the property. Steps can be carried out during the course of a house purchase to forewarn the purchaser.
Solicitors are not best placed to give advice on flood risk, however there are a numerous searches that can be carried out by the purchaser or on a buyer’s behalf which can figure out the risks in Cleator Moor. The conventional set of completed inquiry forms sent to a purchaser’s solicitor (where the solicitors are adopting what is known as the Conveyancing Protocol) incorporates a usual question of the seller to determine whether the premises has suffered from flooding. If flooding has previously occurred and is not revealed by the owner, then a purchaser could bring a legal claim for losses resulting from an misleading response. The purchaser’s lawyers will also order an environmental report. This will indicate whether there is a recorded flood risk. If so, further investigations should be initiated.
I completed on my home on 12 September and the transaction details is yet to be registered. Should I be concerned? My conveyancing solicitor in Cleator Moor said it will be recorded in a couple of weeks. Are transfers in Cleator Moor particularly slow to register?
There is nothing unique when it comes to conveyancing in Cleator Moor registration formalities. As opposed to being determined by geographic area, timeframes can adjust according to who lodges the application, whether there are errors and if the Land registry must send notices to any interested persons or bodies. At present approximately 80% of submission are fully dealt with in less than three weeks but some can be subject to longer delays. Registration is effected after the purchaser is living at the premises so an expedited registration is not typically an essential issue but if there is a degree of urgency associated with the registration then you or your solicitor can speak with the land registry and explain the circumstances.
I'm buying my first flat in Cleator Moor benefiting from help to buy. The sellers would not budge the price so I negotiated £7000 of fixtures and fittings instead. The estate agent advised me not to tell my solicitor about this deal as it could impact my loan with the bank. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.