I do hope you can assist me. My Penwortham lawyer is assuring me that he has toapply for Penwortham conveyancing searches due to the fact thatthe firm are on the HSBCsolicitor panel. Is this really necessary?
Unfortunately both you and your lawyer have little choice here. Given that you are taking out a loan with a bank your conveyancing practitioner has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your conveyancer would have previously signed the Terms and Conditions of your lender’s conveyancing panel appointment which obliges them to follow the Council of Mortgage Lenders’ Handbook specifications . Even if you were a cash buyer you would be ill advised not to carry out Penwortham conveyancing searches.
At what point does exchange of contracts happen for sale conveyancing in Penwortham and am I required to be at the solicitors office?
Where you are local to one of the conveyancing solicitors in Penwortham you are invited in to sign contracts. That being said, the lender approved solicitors we work with supply countrywide coverage for conveyancing and provide just as detailed and professional a job for you when dealing with you digitally. The executing of the sale agreement is not the point of no return. A signed contract simply enables the firm to exchange contracts at the appropriate time, which is ordinarily shortly after signing. The exchange process is is usually a five minute process, although where a lengthy "chain" is in play, since the process requires the relevant party's solicitor (not necessarily a conveyancing solicitor in Penwortham)to be in the office available at the end of the phone to exchange contracts.
My uncle passed away 10 months ago and as sole heir and executor I was left the house in Penwortham. The house had a relatively small loan remaining of approximately £4500. I want to transfer the title deeds into my name whilst I re-mortgage to Barclays, pay off the mortgage. Is this allowed?
Where you intend to refinance then Barclays will insist on your using a conveyancer on the Barclays 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 Barclays 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 Barclays mortgage is registered as a charge at the Land Registry.
I've recently found out that there is a flying freehold issue on a house I put an offer in last month in what was supposed to be a quick, no chain conveyancing. Penwortham is where the house is located. What do you suggest?
Flying freeholds in Penwortham are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Penwortham you would need to get your solicitor to go through the deeds thoroughly. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Penwortham may decide 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.
In what way does the Landlord & Tenant Act 1954 impact my business offices in Penwortham and how can your lawyers assist?
The particular law that you refer to gives a safeguard to commercial leaseholders, giving them the legal entitlement to apply to court for a renewal tenancy and continue in occupation when the lease comes to an end. There are limited grounds that a landlord can refrain from granting a lease renewal and the rules are complex. We are happy to direct you to commercial conveyancing firms who use the act to your advantage and assist with commercial conveyancing in Penwortham