My solicitor has discovered a a problem with the lease for the apartment we are buying in Thurrock. The seller’s lawyers have offered title insurance as a workaround. We are content with insurance and will cover the costs. Our lawyer says that he must ensure that the bank is willing to move forward with this solution. Who is the client here, us or the bank?
Notwithstanding that you have a mortgage offer from the bank does not mean to say that the property will meet their conditions for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook conditions. You and the lender are the client. The appropriate lender provisions must be adhered to.
Is there a list of Santander panel conveyancers in Thurrock on the Council of Mortgage Lender’s Website?
Unfortunately not yet. There is no such facility on the Council of Mortgage Lenders or Building Society Association websites. Very few banks make their panel listings viewable online. Where you are looking for a Thurrock property lawyer on the Santander please use our facility.
I have paid off my mortgage with Nationwide. I assume I don't need a Thurrock solicitor on the Nationwide panel to remove the mortgage at the Land Registry. Please confirm.
If you have finished paying off your Nationwide 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 Nationwide mortgage from the register. Nationwide, 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 Nationwide has sent the Land Registry the discharge electronically, and
- Nationwide has instructed the Land Registry to do so
Nottingham have agreed my mortgage in principle, my bid on a flat in Thurrock has been accepted, now what?
The property agent will wish to know who your solicitors are (ensure that the conveyancers are on the lender’s approved list). Telephone Nottingham or the financial adviser and finalise any outstanding forms. Nottingham will sellect a valuer who will get in contact with the selling agent or vendor to arrange a time for the valuation to take place. Once conducted (assuming no problems) it takes about ten days for the mortgage offer to be issued. Nottingham will issue the offer to you and your conveyancers. The legal work will then take it’s course according the nature and complexity of the conveyancing in Thurrock.
What can a local search reveal regarding the house we're purchasing in Thurrock?
Thurrock conveyancing often starts with the submitting local authority searches directly from your local Authority or via a personal search company for instance Xpress Legal The local search is essential in every Thurrock conveyancing purchase; that is if you wish to avoid any unpleasant surprises after you move into your property. The search should provide information on, amongst other things, details on planning applications relevant to the property (whether granted or refused), building control history, any enforcement action, restrictions on permitted development, nearby road schemes, contaminated land and radon gas; in all a total of thirteen subject sections.
My wife and I have a semi-detached Edwardian house in Thurrock. Conveyancing solicitor represented me and HSBC Bank. I happened to do a free search for it on the Land Registry database and there are two entries: the first freehold, the second leasehold with the exact same address. I thought I was buying a freehold how can I check?
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 Thurrock and other areas of the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with buyers. You can also check the situation with your conveyancing lawyer who conducted the conveyancing.
I've recently found out that there is a flying freehold issue on a property I have offered on a fortnight ago in what should have been a straight forward, no chain conveyancing. Thurrock is the location of the property. Can you offer any assistance?
Flying freeholds in Thurrock are unusual but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Thurrock you must be sure that your lawyer goes through the deeds diligently. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Thurrock 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 property.