I am buying a newly built apartment in Rhosesmor and my lawyer is telling me that she is duty bound to the mortgage company to disclose incentives from the builder. I am nearing the developer’s deadline to exchange and I would rather not prolong deal. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your lawyer. A precondition to being on a lender panel is to comply with the UK Finance Lenders’ Handbook requirements. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
Finally the sale completed on my house in Rhosesmor last September but the buyer keeps calling me to say her solicitor is waiting to hear from mylawyer. What should have happened following completion?
Following your sale your solicitor should forward the transfer deeds and all supplemental paperwork to the buyer’s conveyancer. Where appropriate, your lawyer must also confirm that the legal charge in favour of the lender has been repaid to the purchasers lawyers. There are no post completion procedures just for conveyancing in Rhosesmor.
My uncle passed away last year and as sole heir and executor I was left the property in Rhosesmor. The house had a relatively small loan left on it of around £4500. I want to transfer the title deeds into my name whilst I re-mortgage to Leeds Building Society, pay off the mortgage. Is this allowed?
Where you intend to refinance then Leeds Building Society will insist on your using a conveyancer on the Leeds Building Society 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 Leeds Building Society 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 Leeds Building Society mortgage is registered as a charge at the Land Registry.
My wife and I purchased a terraced Victorian property in Rhosesmor. Conveyancing solicitor represented me and Virgin Money. I did a free Land Registry search last week and there are a couple of entries: one for freehold, the second leasehold under the exact same property. Is it worth asking Virgin Money to clarify?
You need to read the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered owner of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Rhosesmor and other locations in the country and poses no real issues for owners other than when they sell they have to account for both freehold and leasehold interests when dealing with purchasers. You can also enquire as to the situation with your conveyancing lawyer who conducted the purchase.
My step-father has suggested that I use his lawyers for conveyancing in Rhosesmor. Should I use them?
No doubt the best way to select a conveyancing solicitor is to seek referrals from friends or relatives who have actually experience in using the firm you're contemplating using.