I am approaching an exchange on a property in Kingstanding and my mum and dad have transferred the exchange deposit to my conveyancing practitioner. I am now advised that as the deposit has not come from me my lawyer needs to make a notification to my lender. Apparently, in also acting for the lender he must advise them that the balance of the purchase price is coming from anyone other than me. I advised the mortgage company concerning my parents' contribution when I applied for the mortgage, so is it really necessary for this now to be an issue?
Your lawyer is obliged to check with mortgage company to ensure that they understand that the balance of the purchase price is not from your own resources. Your solicitor can only notify this to your mortgage company if you agree, failing which, your lawyer must cease to continue acting.
is it true that all Kingstanding solicitor firms on the Nottingham conveyancing panel are governed by the SRA?
As a firm of solicitors, in order to be on the Nottingham conveyancing panel they would need to be overseen by the SRA. The majority of mortgage companies do list licenced conveyancers on their panel and in that case the organisation would be governed by the CLC.
I have paid off my mortgage with Nottingham. I assume I don't need a Kingstanding property lawyer on the Nottingham panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your Nottingham 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 Nottingham mortgage from the register. Nottingham, 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 Nottingham has sent the Land Registry the discharge electronically, and
- Nottingham has instructed the Land Registry to do so
I've digested plenty of house buying guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Kingstanding solicitor - who is on the Kent Reliance conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Kent Reliance will need an independent valuation of the property. Your lawyer will not arrange this. Usually Kent Reliance will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Kingstanding surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
I moved into my apartment on 8 September and my personal details are still not registered. Should I be concerned? My conveyancing solicitor in Kingstanding advises it would be formalised in less than a month. Are transfers in Kingstanding uniquely lengthy to register?
There is nothing unique when it comes to conveyancing in Kingstanding registration formalities. Rather than based on location, timeframes can differ subject to who lodges the application, whether there are errors and if the Land registry must send notices to any 3rd persons or bodies. As of today roughly 80% of such applications are fully addressed within two weeks but some can be subject to protracted delays. Registration occurs once the new owner is living at the premises so an expedited registration is not usually top priority yet 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've recently found out that there is a flying freehold issue on a property I have offered on two weeks back in what should have been a quick, no chain conveyancing. Kingstanding is where the house is located. Can you offer any assistance?
Flying freeholds in Kingstanding are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Kingstanding you must be sure that your lawyer goes through the deeds very carefully. Your bank may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Kingstanding may determine 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 premises.
We are 17 days into a leasehold purchase having been recommend to solicitors by the high street agent to handle our conveyancing in Kingstanding. I am am very dissatisfied with the quality of service. Can you help me find new solicitors?
They would need to be really poor in order to consider diss instructing them. Has your mortgage been sent? If so you must advise them of the new lawyer and get the loan are re-sent. The solicitor ideally needs to be on the banks approved list to avoid added charges and complications. So that should be your first question of the new solicitors. Our find a solicitor tool should help you find a bank approved conveyancer for your conveyancing in Kingstanding