My grandfather passed away last year and as sole heir and executor I was left the property in Willen. The house had a small mortgage remaining of approximately £8000. I want to transfer the title deeds into my name whilst I re-mortgage to Santander, pay off the mortgage. Is this possible?
If you intend to refinance then Santander will require that you use a conveyancer on the Santander 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 Santander 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 Santander mortgage is registered as a charge at the Land Registry.
I am the sole recipient of my late mum's estate with all property in now in my sole name, including the my former home in Willen. The Willen property was put into my name in January. I want to move. I do know about the Mortgage Lenders 6 month 'rule', meaning my property ownership will be treated the same way as if I'd bought the house in January. Will no one buy the property for half a year?
The Council of Mortgage Lenders’ handbook obliges solicitors to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you might be caught by that. Most banks would take a pragmatic view as this provision principally exists to pick up on subsales or the flipping of property.
We are getting a further advance on our mortgage from RBS as we want to conduct renovations to our home in Willen. Are we obliged to choose a high street Willen solicitor on the RBS conveyancing panel to deal with the paperwork?
RBS would not normally appoint a member of their conveyancing panel to deal with the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the RBS conveyancing panel.
I can not work out if my mortgage offer requires a lease extension. I have called into my local Willen building society branch on a couple of occasions and was reassured it wasn't a problem and they will lend. My Willen conveyancing solicitor - who is on the lender conveyancing panel- telephoned and was told they refuse to lend in accordance with their published requirements. I have no idea who is right.
Provided that the conveyancing practitioner is on the mortgage company approved list, they must adhere to the Council of Mortgage Lenders’ Handbook specifications for the 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 lender to contact your lawyer in writing confirming that they will accept the number of years remaining.
How does conveyancing in Willen differ for new build properties?
Most buyers of new build property in Willen come to us having been asked by the builder to exchange contracts and commit to the purchase even before the premises is constructed. This is because new home sellers in Willen typically acquire the land, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Willen or who has acted in the same development.
My husband and I are first time buyers - had an offer accepted, but the selling agent told us that the vendor will only move forward if we appoint the agent's preferred conveyancers as they are insisting on an ‘expedited deal’. My instinct tells me that we should use a family solicitor used to conveyancing in Willen
It is unlikely the vendors are driving this. If they want ‘a quick sale', taking such a hostile approach to a genuine purchaser is going to damage their objectives. Bypass the agents and go straight to the sellers and explain that (a)you are keen to buy (b)you are ready to progress, with finances arranged © you are chain free (d) you wish to move quickly (e)however you are going to appoint your preferred Willen conveyancing firm - rather thanthose that will earn the negotiator at the agency a commission or achieve conveyancing figures pre-set by head office.
Being a tenant I am on the hook for a maintenance fee for my flat in Willen. Due to losing my job and other issues I fell into arrears with remittance. The managing agents agreed a clearance plan but there remains three thousand pounds remaining in arrears.
I am under pressure to dispose of the property and I am concerned this could hold me back if I have to discharge the amount due in advance. Do I have to settle before - is this achievable?
Your lawyer should be able to negotiate with the management company, with a new to seeing if they would accept settlement out of the completion monies. This is indicative of why it is sensible to instruct a property lawyer in Willen as they may well enjoy an open line of communication with the management company.