My conveyancer has discovered a a problem with the lease for the property we are purchasing in Ferndown. The other side have put forward defective title insurance as a solution. We are happy with insurance and will pay for it. Our says that he must ensure that the bank is willing to move forward with this solution. Are we the client or is the mortgage company ?
The short answer to your last question is that, notwithstanding the potential for a conflict of interest, you and the mortgage company are the client. Your must comply with the UK Finance Lenders’ Handbook conditions. The UK Finance Lenders’ Handbook conditions require your lawyer to disclose issues such as defects with the lease so that the lender 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 will have no choice but to discontinue acting for you.
The Ferndown conveyancing firm that I recently instructed on my house acquisition in Ferndown have suddenly shut down. They were on acting for me because I needed a solicitor on the conveyancing panel and my previous Ferndown lawyer was not. I gave my credit card details for them to take £195 for searches. What do I do now?
Assuming that you have an Estate Agent in the equation then inform them immediately so that they advise the vendors that there may be a slight delay due to reasons beyond your control. Hopefully they will be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You will need to appoint new lawyers that are on the conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new solicitors should be in a position to assist.
The deeds to my property can not be found. The lawyers who did the conveyancing in Ferndown 10 years ago have long since closed. What are my options?
Assuming the title is registered the details of your proprietorship will be held by the Land Registry under a Title Number. It is easy to perform a search at the Land Registry, identify your property and obtain up to date copies of the Registered Entries for less than a fiver. Where the property is Leasehold then the Land Registry will usually retain a certified copy of the Registered Lease and again, a copy can be ordered for £20 inclusive of VAT.
The estate agent has sent us the confirmation of our purchase of a new build flat in Ferndown. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. What sort of enquires would be asked in new build legal work.
Set out below are examples of a selection of leasehold new build enquiries that you may expect your new-build leasehold conveyancing in Ferndown
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If there are lifts in the building, please confirm that the owners of flats on the ground and basement floors will not be required to contribute towards the cost of maintenance and renewal.
The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided.
The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore.
Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?
Please confirm the Lease plans are architect prepared.
Due to the input of my in-laws I had a survey completed on a house in Ferndown before instructing lawyers. I have been informed that there is a flying freehold overhang to the property. The surveyor advised that some lenders will refuse to issue a loan on a flying freehold property.
It varies from the lender to lender. Lloyds has different instructions for example to Halifax. Should you wish to call us we can investigate further via the appropriate bank. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Ferndown. Conveyancing can be more complicated and therefore you should check with your conveyancing solicitor in Ferndown to see if the conveyancing will be more expensive.