I am under pressure from the mortgagee in possession of a property in Dartford to complete within four weeks. What can be done to accelerate the conveyancing process?
Where the seller is applying pressure for your conveyancing it is highly recommended that your conveyancer is familiar with the area as they will make use of local connections and knowledge. It is possible that they may have conducted previoushomes in the same neighbourhood. You would be best advised to use a Dartford conveyancing lawyer. Second, double check that the lawyer is on the member panel. It is believed that 18% of Dartford conveyancing transactions are delayed or jeopardised after finding out that a buyer’s conveyancer was not on their mortgage lender’s list of approved solicitors. In many cases this discovery resulted in the legal process being delayed by almost 21 days. It is understood that this issue affects approximately 100,000 home sales every year. Most Dartford conveyancing firms can not act for certain mortgage companies so do check at the outset.
I'm the sole beneficiary of my late grandmother’s will with all property in now in my sole name, including the house in Dartford. Conveyancing formalities meant that the Land Registry date was in July. I want to move. I understand that there is a Mortgage Lenders 6 month 'rule', which means that my proprietorship may be considered the same way as if I'd bought the house in July. Is the property unsalable for six months?
The CML handbook instructs conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be impacted by that. Some mortgage companies would take a practical view as this provision is chiefly there to identify the purchase and immediately sell or the flipping of property.
When it comes to mortgage companies such as UBS, do Dartford lawyers have to pay a fee to be on the list of approved solicitors?
We are unaware of any lender fees to register on their list of approved firms, although some do charge an administration fee to deal with the processing of the conveyancing panel application.
I'm spending time viewing apartments in Dartford and I am now considering a potential offer. Should I already have a lawyer in place at this stage? I will be getting a home loan with Bank of Ireland.
It would be sensible to commence your search sooner rather than later. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and forward their details on to the selling agent. Given that you are taking out a mortgage with Bank of Ireland, ask your prospective lawyers if they are on the Bank of Ireland conveyancing panel otherwise they can't do the mortgage legal work.
Should I appoint a Dartford conveyancing practitioner based in the location that I am hoping to buy? An old friend can conduct the legal formalities however his firm is located 200kilometers away.
The primary upside of using a local Dartford conveyancing practice is that you can visit the firm to sign paperwork, present your ID and apply pressure on them where appropriate. They will also have local knowledge which is a bonus. That being said it's more important to get someone that will do a good and efficient job. If you know people who instructed your friend and in the main were content that should surpass using an unfamiliar Dartford conveyancing lawyer just because they are local.
My wife and I purchased a leasehold house in Dartford. Conveyancing and Norwich and Peterborough Building Society mortgage went though with no issue. I have received a letter from someone saying they have taken over the reversionary interest in the property. Attached was a ground rent demand for rent dating back to 1991. The conveyancing solicitor in Dartford who acted for me is not around. What should I do?
The first thing you should do is contact the Land Registry to make sure that this person is indeed the registered owner of the freehold reversion. It is not necessary to instruct a Dartford conveyancing solicitor to do this as it can be done on-line for a few pound. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.
I have attempted and failed to negotiate with my landlord for a lease extension without success. Can the Leasehold Valuation Tribunal decide on such issues? Can you recommend a Dartford conveyancing firm to represent me?
Where there is a missing freeholder or where there is dispute about the premium for a lease extension, under the relevant legislation it is possible to make an application to the First-tier Tribunal (Property Chamber) to decide the price payable.
An example of a Lease Extension matter before the tribunal for a Dartford property is Various @ Colombus Square in January 2012. the Tribunal calculated the premiums to be paid for new leases for each of the flats in Mariners Walk to be £3822 and the premium to be paid for the new lease of 2 Knights Court to be £4439. This case was in relation to 13 flats. The number of years remaining on the existing lease(s) was 76 years.
How does one as executor remove a deceased person's name from the title deeds for a house in Dartford?
If a Dartford property is jointly owned and one of the owners dies, the name will not automatically be removed from the title deeds. It is not necessary to amend the title as when it comes to a disposal your conveyancer would simply be asked to supply proof as to the reason the joint owner is missing from the conveyance, normally this takes the form of the probate documents.
With a view to making things more straight forward for the sale of the property you may arrange to have the deceased person erased from the title entries by applying to HM Land Registry with proof of the death. There is no fee from the Registry for this service.