My conveyancer has discovered a a legal deficiency with the lease for the property we are purchasing in Goodrich. The other side have suggested defective title insurance as a solution. We are happy with insurance and will cover the costs. Our property lawyer says that he must be satisfied that the mortgage company is willing to move forward with this solution. Who is the client here, us or the bank?
Even though you have a mortgage offer from the lender does not mean to say that the property will meet their requirements for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook provisions. You and the mortgage company are the client. These conveyancing instructions have to be complied with.
It is 10 years ago since I purchased my house in Goodrich. Conveyancing solicitors have now been retained on the sale but I am unable to find the deeds. Will this jeopardise the sale?
You need not be too concerned. First there is a chance that the deeds will be retained by your lender or they could be in the possession of the solicitor who acted in your purchase. Secondly the likelihood is that the title will be recorded at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers acquiring up to date copy of the land registers. Almost all conveyancing in Goodrich involves registered property but in the unlikely event that your home is unregistered it adds to the complexity but is not insurmountable.
Yesterday I discovered that there is a flying freehold issue on a property I put an offer in a fortnight ago in what was supposed to be a simple, chain free conveyancing. Goodrich is where the house is located. What do you suggest?
Flying freeholds in Goodrich are not the norm but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Goodrich you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Goodrich may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold residence.
Should I appoint a Goodrich conveyancing lawyer who is local to the property I am purchasing? An old friend can handle the conveyancing however his firm is located 300kilometers away.
The benefit of a local Goodrich conveyancing firm is that you can drop in to execute documents, present your identification documents and pester them where appropriate. They will also have local knowledge which is a plus. However nothing is more important than finding someone that will do a good and efficient job. If if people you trust used your friend and in the main were happy that should outweigh using an unfamiliar Goodrich conveyancing solicitor just because they are round the corner.
Back In 2009, I bought a leasehold flat in Goodrich. Conveyancing and Santander mortgage are in place. A letter has just been received from someone saying they have taken over the reversionary interest in the property. Attached was a demand for arrears of ground rent dating back to 1993. The conveyancing solicitor in Goodrich who acted for me is not around. What should I do?
The first thing you should do is make enquiries of the Land Registry to make sure that the individual claiming to own the freehold is indeed the new freeholder. You do not need to incur the fees of a Goodrich conveyancing firm to do this as you can do this on the Land Registry website for less than a fiver. You should note that in any event, even if this is the rightful freeholder, under the Limitation Act 1980 no more than 6 years of rent can be collected.
Goodrich Leasehold Conveyancing - Sample of Questions you should consider before buying
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Best to be warned if a new roof is being installed or some other major work is coming up that will be shared amongst the tenants and will dramatically increase the the maintenance costs or necessitate a one off invoice. Does this lease have more than 82 years remaining? Please inform me if there are any major works in the planning that will increase the service costs?