It is a dozen years since I acquired my property in Egremont. Conveyancing solicitors have just been appointed on the sale but I am unable to track down my title documents. Is this a major issue?
Don’t worry too much. Firstly there is a chance that the deeds will be kept by the mortgage company or they may be in the possession of the lawyers who acted in your purchase. Secondly in most cases the title will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing solicitors acquiring up to date copy of the land registers. The vast majority of conveyancing in Egremont relates to registered property but in the unlikely event that your home is not registered it adds to the complexity but is not insurmountable.
My uncle passed away 10 months ago and as sole heir and executor I was left the house in Egremont. The house had a small mortgage remaining of approximately £8000. I want to have the title changed into my name whilst I re-mortgage to , pay off the mortgage. Is this allowed?
If you intend to re-mortgage then will insist on your using a conveyancer on the 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 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 mortgage is registered as a charge at the Land Registry.
When it comes to lenders such as , do Egremont incur an annual charge to be on the list of approved solicitors?
We are not aware of any lender fees to be on their panel, although some do charge an administration charge to deal with the processing of the conveyancing panel application.
Can I be sure that the Egremont conveyancing solicitor on the panel is any good?
When it comes to conveyancing in Egremont seeking recommendations is a good starting point. Before you go ahead, check if they offer a no sale no fee offer. Also, you often get what you pay for - a firm which quotes more, will often provide a better service than one advertising the lowest fees. We would always advise that you speak with the solicitor carrying out your conveyancing.
I have paid off my mortgage with . I assume I don't need a Egremont on the panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your 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 mortgage from the register. , 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 has sent the Land Registry the discharge electronically, and
- has instructed the Land Registry to do so
We are planning on selling our home in Egremont and the buyers lawyers are claiming that there is a possibility that the property was built on contaminated land. Any high street Egremont lawyer would know this is not the case. It does beg the question why the purchasers instructed a factory type conveyancing firm rather than a conveyancing solicitor in Egremont. We have lived in Egremont for 5 years we know that this is a non issue. Is it a good idea to contact our local Authority to seek confirmation that the buyers are looking for.
It sounds as though you may have a conveyancing lawyer already. Are they able to advise? You should check with your lawyer before you do anything. It is very possible that once the local authority has been informed of a potential issue it cannot be insured against (a bit like being diagnosed with a serious illness and then taking out health insurance to cover that same sickness)
Due to the advice of my in-laws I had a survey completed on a house in Egremont prior to retaining lawyers. I have been told that there is a flying freehold aspect to the property. Our surveyor advised that some mortgage companies may refuse to issue a mortgage on such a house.
It depends who your proposed lender is. HSBC has different instructions from Nationwide. If you e-mail us we can look into this further via the appropriate mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Egremont. Conveyancing may be slightly more expensive based on your lender's requirements.