It is unclear whether my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Harrogate building society branch on numerous occasions and was told they are content with the situation and they will lend. My Harrogate conveyancing solicitor - who is on the lender conveyancing panel- telephoned to say that they refuse to lend in accordance with their specific requirements. I have no idea who is right.
As long as the property lawyer is on the mortgage company approved list, she or he must comply with the CML Handbook requirements for the bank. Unless your lawyer obtains specific confirmation in writing that the bank will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the bank to contact your lawyer in writing confirming that they will accept the number of years remaining.
I recently had an offer accepted on an apartment in Harrogate. My mortgage broker pressured me to appoint their solicitor. I paid an on account payment of £150. Soon after, the conveyancer called me to say that they were not on the Bank of Ireland conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Bank of Ireland panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
HSBC have agreed my mortgage in principle, my bid on a flat in Harrogate has been agreed to, now what?
Your estate agent will wish to know who your solicitors are (be sure the lawyers are on the bank’s panel). Telephone HSBC or your financial adviser and complete any relevant forms. HSBC will instruct a valuer who will get in touch with the estate agent or owners to book a time for the valuation to occur. Once conducted (assuming no problems) it takes about a fortnight to get a mortgage offer. HSBC will send the offer to you and your conveyancing practitioners. The transaction will then take it’s course according the nature and complexity of the conveyancing in Harrogate.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Harrogate. Conveyancing is daunting 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 is a sample of a few leasehold new build questions that you can expect your new-build leasehold conveyancing in Harrogate
-
The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Please provide evidence that the form of Lease proposed has been approved by the Land Registry. The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier?
Due to the encouragement of my in-laws I had a survey completed on a property in Harrogate in advance of retaining conveyancers. I have been advised that there is a flying freehold overhang to the property. Our surveyor advised that some mortgage companies may not give a mortgage on such a premises.
It depends who your proposed lender is. Santander has different instructions from Halifax. Should you wish to telephone us we can check via the relevant lender. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in Harrogate. Conveyancing may be slightly more expensive based on your lender's requirements.
In my capacity as executor for the estate of my father I am selling a residence in Monmouth but I am based in Harrogate. My solicitor (based 235 miles awayrequires that I execute a stat dec ahead of completion. Could you suggest a conveyancing practitioner in Harrogate to witness this legal document for me?
strictly speaking you are not likely to need to have the documents attested by a conveyancing solicitor. Ordinarily or notary public or qualified solicitor will be fine regardless of whether they are Harrogate based
My conveyancers in Harrogate have advised me that no longer have my conveyancing file. To assist with my purchase I took out a mortgage with the lender. Is it case that being on the lender conveyancing panel they need to have retained the file for a prescribed period?
It very much depends from lender to lender but many of the Terms and Conditions of Conveyancing Panel Appointment require the file to be held for a period of 6 years. That being said we have not seen a copy of the mortgage company Conveyancing Panel Terms. It might be worth you contacting the lender directly.