My uncle passed away last year and as sole heir and executor I was left the property in Wylam. The house had a small mortgage left on it of around £8000. I want to transfer the title deeds into my name whilst I re-mortgage to HSBC, pay off the mortgage. Is this possible?
Given you plan to refinance then HSBC will insist on your using a conveyancer on the HSBC 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 HSBC 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 HSBC mortgage is registered as a charge at the Land Registry.
Is it the case that all Wylam solicitor firms on the Lloyds conveyancing panel are overseen by the SRA?
As a firm of solicitors, in order to be on the Lloyds approved list of solicitors they would need to be governed by the SRA. The majority of mortgage companies do allow licenced conveyancers on their panel in which case such firms would be governed by the Council of Licensed Conveyancers.
It is unclear whether my mortgage offer requires a lease extension. I have called into my local Wylam building society branch on numerous occasions and was told it wasn't an issue and they will lend. My Wylam conveyancing solicitor - who is on the bank conveyancing panel- telephoned and was told they refuse to lend in accordance with their UK Finance Lenders’ Handbook minimum lease term requirements. Who do I believe?
Provided that the property lawyer is on the bank approved list, they must adhere to the Council of Mortgage Lenders’ Handbook provisions for the lender. Unless your lawyer obtains specific confirmation in writing that the bank 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 bank to contact your lawyer in writing confirming that they will accept the number of years left on the lease.
After months of negotiation I have agreed a price on an apartment in Wylam. My mortgage broker suggested a lawyer. I paid an upfront payment of £200. Soon after, the conveyancing practitioner contacted me to say that they were not on the Yorkshire BS conveyancing panel. Am I right in thinking that I should be due a refund?
You should be able to recover this from the law firm if they were not on the Yorkshire BS panel. They should have asked at the outset which lender you were obtaining a mortgage with. An important lesson to readers of this site is to check that the lawyers are on the appropriate lender panel.
I have been told that property searches are the number one reason for obstruction in Wylam conveyancing transactions. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) published findings of research by MoveWithUs that conveyancing searches do not feature within the most frequent causes of hindrances during the legal transfer of property. Local searches are unlikely to be the root cause of delay in conveyancing in Wylam.
I'm purchasing my first flat in Wylam with the aid of help to buy. The builders refused to move on the amount so I negotiated five thousand pounds worth of fixtures and fittings instead. The house builders rep told me not disclose to my conveyancer about the extras as it would affect my mortgage with the bank. Do I keep my lawyer in the dark?.
All lenders require a Disclosure of Incentives Form from the developer of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
In my capacity as executor for the will of my father I am selling a property in Neath but live in Wylam. My solicitor (approximately 235 kilometers awayneeds me to sign a stat dec prior to the transaction finalising. Can you recommend a conveyancing practitioner in Wylam who can witness and place their company stamp on the document?
Technically speaking you are unlikely to be required to have the documents witnessed by a conveyancing solicitor. Normally or notary public or solicitor will do regardless of whether they are located in Wylam