Am I correct in assuming that the fact that my solicitor in Upminster Bridge is not on my mortgage company's solicitor panel that there is a problem with the standard of his work?
That is more than likely a wrong assumption to make. There are all sorts of perfectly reasonable explanations. Just recently a report by the solicitors regulator indicated 76% of law firms surveyed had been removed from at least one lender panel. The top 5 reasons are as follows: (1) low volume of transactions (2) the solicitor is a sole practitioner (3) as part of the HSBC panel reduction (4) regulatory contact by SRA (5) accidental removal. Where you are concerned you should contact the Upminster Bridge conveyancing firm and enquire why they are no longer on the approved list for your mortgage company.
Our conveyancer has discovered a a legal deficiency with the lease for the property we are buying in Upminster Bridge. The seller’s lawyers have offered defective title insurance as a workaround. We are content with insurance and will cover the costs. Our lawyer says that he must ensure that the mortgage company is willing to move forward with this solution. Who is the client here, us or the mortgage company ?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the mortgage company are the client. Your conveyancing practitioner must comply with the UK Finance Lenders’ Handbook specifications. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the bank can be afforded the opportunity to check with their valuer as to the extent that the value of the property is affected. Should you refuse to allow your lawyer to make the appropriate notification then your conveyancing practitioner will have no choice but to discontinue acting for you.
Forgive me if this question is silly but I am unexperienced as FTB of a garden flat in Upminster Bridge. Do I receive the keys to the house on the completion date from my solicitor? If this is the case, I will use a local conveyancing solicitor in Upminster Bridge?
There is no need to visit the lawyers office on the day of completion. Your solicitors will transfer the completion advance to the seller's conveyancers, and once they have received this, you will be able to pick up the keys from the selling Agents and move into your new home. This tends to happen early afternoon.
My stepmother informed me that in purchasing a property in Upminster Bridge there may be various restrictions prohibiting external changes to a property. Is this right?
There are anumerous of properties in Upminster Bridge which have some sort of restriction or requirement of consent to external alterations. Part of the conveyancing in Upminster Bridge should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
It is unclear whether my lender requires a lease extension. I have telephoned my Upminster Bridge bank branch on a couple of occasions and was told it does not impact the mortgage offer and they will lend. My Upminster Bridge conveyancing solicitor - who is on the bank conveyancing panel- telephoned to say that they refuse to lend in accordance with their published requirements. Who do I believe?
The solicitor has to follow the Council of Mortgage Lenders’ Handbook Part 2 conditions for your bank. Unless your lawyer obtains specific confirmation in writing that the lender will go ahead, your lawyer has no choice but to refrain from exchanging contract and committing you to the purchase. We would suggest that you ask the mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.
My wife and I purchased a semi-detached Edwardian house in Upminster Bridge. Conveyancing lawyer represented me and Clydesdale. I happened to do a free search for it on the Land Registry database and I saw two entries: the first freehold, another for leasehold with the exact same address. I'd like to know for sure, how can I find out??
You should read the Freehold register you have again and check the Charges Register for 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 Upminster Bridge and other locations in the country and poses no real issues for owners other than when they mortgage they have to account for both freehold and leasehold interests when dealing with buyers. You can also question the position with the conveyancing solicitor who carried out the work.
I own a leasehold house in Upminster Bridge. Conveyancing and Nottingham Building Society mortgage went though with no issue. A letter has just been received from someone claiming to own the freehold. It included a demand for arrears of ground rent dating back to 1994. The conveyancing solicitor in Upminster Bridge who acted for me is not around. Do I pay?
The first thing you should do is contact HMLR to make sure that this person is in fact the registered owner of the freehold reversion. There is no need to instruct a Upminster Bridge conveyancing solicitor to do this as it can be done on-line for a few pound. You should note that in any event, even if this is the rightful landlord, under the Limitation Act 1980 no more than 6 years of rent can be collected.
I have given up trying to reach an agreement for a lease extension in Upminster Bridge. Can this matter be resolved via the Leasehold Valuation Tribunal?
Most definitely. We can put you in touch with a Upminster Bridge conveyancing firm who can help.
An example of a Lease Extension decision for a Upminster Bridge flat is 37 Lodge Court High Street in November 2013. the decision of the LVT was that the premium to be paid for the new lease was £25,559 This case related to 1 flat. The number of years remaining on the existing lease(s) was 57.5 years.