It is a dozen years since I purchased my house in Mortimer. Conveyancing solicitors have now been instructed on the sale but I can't find the title documents. Will this jeopardise the sale?
Don’t worry too much. First the deeds may be kept by your mortgage company or they could be in the possession of the solicitor who acted in your purchase. Secondly the chances are that the title will be registered at the land registry and you will be able to prove you own the property by your conveyancing lawyers obtaining current official copies of the land registers. Nearly all conveyancing in Mortimer involves registered property but in the unlikely event that your property is not registered it adds to the complexity but is not insurmountable.
Do I choose a Licenced Conveyancer or Solicitor for conveyancing in Mortimer?
There are many registered licenced Conveyancers in Mortimer and Solicitor partnerships in Mortimer who can assist with your conveyancing It is important to make clear that the two are supervised by regulatory bodies with both specialising in the legal aspects of the home buying process. The two can conduct other property legal work such as remortgage conveyancing, lease extensions and transfer of equity conveyancing.
I'm the only beneficiary of my late father’s will and I have everything in my name now, including the my former home in Mortimer. Conveyancing formalities meant that the Land Registry date was in October. I now wish to sell up. I understand that there is a CML six month 'rule', which means that my proprietorship will be treated the same way as though I had purchased the property in October. Do I have to wait 6 months to sell?
The Council of Mortgage Lenders’ handbook mandates conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." By the strict wording you may be caught by that. How practical a view mortgage companies take of it, depend on the bank as this requirement is primarily there to capture subsales or the flipping of properties.
Is it the case that all Mortimer solicitor firms on the Principality conveyancing panel are governed by the Solicitors Regulatory Authority?
As solicitors, in order to be on the Principality approved list of solicitors they would need to be overseen by the Solicitors Regulatory Authority. Some banks do allow licenced conveyancers on their panel in which case such practice would be governed by the Council of Licensed Conveyancers.
I'm buying my first flat in Mortimer with a mortgage from The Royal Bank of Scotland. The builders refused to move on the amount so I negotiated 6k of extras instead. The estate agent suggested that I not to tell my solicitor about this extras as it would impact my mortgage with the lender. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I opted to have a survey done on a property in Mortimer before appointing conveyancers. I have been informed that there is a flying freehold aspect to the house. The surveyor advised that some mortgage companies tend not issue a mortgage on such a home.
It depends who your proposed lender is. HSBC has different requirements for example to Nationwide. If you call us we can check 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 Mortimer. Conveyancing will be smoother if you use a solicitor in Mortimer especially if they are acquainted with such properties in Mortimer.
I am an executor of my recently deceased aunt’s Will, with a house in Mortimer which will be sold. The property is unregistered at the Land Registry and I'm told that some purchasers will insist that it is completed before they will proceed. What's the mechanism for this?
In the situation you refer to it seems advisable to apply to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. HMLR’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and official copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.