My aunt passed away 10 months ago and as sole heir and executor I was left the house in Potton. The house had a small mortgage left on it of around £5k. I want to transfer the title deeds into my name whilst I re-mortgage to Yorkshire BS, pay off the mortgage. Is this possible?
If you intend to refinance then Yorkshire BS will insist on your using a conveyancer on the Yorkshire BS 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 Yorkshire BS 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 Yorkshire BS mortgage is registered as a charge at the Land Registry.
I have recentlyfound out that Stirling Law have closed. They carried out my conveyancing in Potton for a purchase of a freehold house 12 months ago. How can I be sure that my home is registered correctly in the name of the previous owner?
The quickest method to see if the premises is in your name, you can carry out a search of the land registry (£3.00). You can either do this yourself or ask a law firm to do this for you. If you are not registered you can seek help from one of a number of Potton conveyancing specialists.
I am buying a new build flat in Potton. Conveyancing is a frightening process at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Set out below is a sample of a selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Potton
Please provide evidence that the form of Lease proposed has been approved by the Land Registry. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose? Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier?
Last February I purchased a leasehold property in Potton. Do I have any liability for service charges relating to a period prior to my ownership?
In a situation where the service charge has already been demanded from the previous lessee and they have not paid you would not usually be personally liable for the arrears. Strange as it may seem, your landlord may still be able to take action to forfeit the lease. It is an essential part of leasehold conveyancing for your conveyancer to ensure to have an up to date clear service charge receipt before completion of your purchase. If you have a mortgage this is likely to be a requirement of your lender.
If you purchase part way through an accounting year you may be liable for charges not yet demanded even if they relate to a period prior to your purchase. In such circumstances your conveyancer would normally arrange for the seller to set aside some money to cover their part of the period (usually called a service charge retention).
Leasehold Conveyancing in Potton - A selection of Questions you should consider Prior to Purchasing
Be sure to enquire if there is anything that is prohibited in the lease. For instance some leases prohibit pets being permitted in certain buildings in Potton. If you like the flatin Potton yet your dog can’t make the move with you then you have a very hard choice. For most Potton leaseholds the cost for major works tend not to be included within service charges, albeit that some managing agents in Potton ask tenants to pay into a reserve fund created for the specific purpose of building a fund for major repairs or maintenance.
The estate agent has suggested using their conveyancing practitioner for the conveyancing in Potton - Surely it’s better to just instruct them?
It is not always the case and you are entitled to opt for whichever solicitor of your choosing for your Potton conveyancing. The property lawyer put forward by a 3rd party adviser may not necessarily be the best solicitor, they may put forward their preferred conveyancing firm who are based remotely. In this instance you may not have contact with your conveyancing practitioner and due to the lack of continuity in the transaction, it may be difficult to obtain progress reports.