My lawyer has discovered a defect with the lease for the property we are purchasing in Warlingham. The other side have put forward defective title insurance as a workaround. We are happy with insurance and will pay for it. 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 ?
Even though you have a mortgage offer from the lender 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 provisions. You and the mortgage company are the client. These conveyancing instructions have to be complied with.
Having sold my house in Warlingham last May but my buyer keeps SMS messaging daily to moan that his lawyer is waiting to hear from mine. What should my lawyer have done following completion?
Following your sale your solicitor should forward the transfer documentation and all of the paperwork to the purchaser's lawyers. Depending on the transaction, your conveyancer should also confirm that the mortgage has been discharged to the buyers conveyancers. There are no post completion tasks peculiar conveyancing in Warlingham.
My partner and I are in the process of looking at houses in Warlingham and I am about to put in an offer. Is it too early to have a solicitor in place? I intend to finance via a home loan with Clydesdale.
It would be sensible to start your search sooner rather than later. Once you decide who you want to use and once your offer is accepted you can instruct them to work for you and pass their contact information on to the selling agent. As you are seeking a mortgage with Clydesdale, ask your prospective lawyers if they are on the Clydesdale conveyancing panel otherwise they can't do the mortgage legal work.
I am due to exchange contracts on my flat. I had a double glazing fitted in July 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My buyer's mortgage company, Virgin Money are being a right pain. The Warlingham solicitor who is on the Virgin Money conveyancing panel is recommending indemnity insurance as a solution but Virgin Money are requiring a building regulation certificate. Why do Virgin Money have a conveyancing panel if they don't accept advice from them?
It is probably the case that Virgin Money have referred the matter to their valuer. The reason why Virgin Money may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.
Aldermore have agreed my home loan in principle, my bid on a property in Warlingham has been accepted, what happens next?
The property agent will need to know who your solicitors are (be sure the solicitors are on the lender’s approved list). Telephone Aldermore or the broker and finish off any outstanding paperwork. Aldermore will sellect a valuer who will get in touch with the estate agent or seller to arrange a time for the valuation to occur. Once conducted (assuming no problems) it takes about a fortnight to get a mortgage offer. Aldermore will send the offer to you and your conveyancers. The transaction will then take it’s course according the nature and complexity of the conveyancing in Warlingham.
I have a semi-detached Victorian house in Warlingham. Conveyancing lawyer acted for me and Bank of Scotland. I happened to do a free search for it on the Land Registry database and I saw two entries: the first freehold, the second leasehold with the matching property. I thought I was buying a freehold how can I check?
You need to assess 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 Warlingham 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 purchasers. You can also check the situation with the conveyancing practitioner who conducted the conveyancing.
Yesterday I discovered that there is a flying freehold element on a house I put an offer in a fortnight ago in what was supposed to be a quick, no chain conveyancing. Warlingham is the location of the property. Can you offer any advice?
Flying freeholds in Warlingham are rare but are more likely to exist in relation to terraced houses. Even where you use a solicitor outside Warlingham you would need to get your solicitor to go through the deeds thoroughly. Your lender may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Warlingham 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 premises.