Our conveyancer has uncovered a a problem with the lease for the property we are buying in Willen. The other side have suggested defective title insurance as a solution. We are happy with insurance and will cover the costs. Our has advised that he must ensure that the mortgage company is content with this solution. Are we the client or is the bank?
Even though you have a mortgage offer from the mortgage company does not mean to say that the property will meet their requirements for the purposes of a mortgage. Your lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook requirements. You and the bank are the client. The appropriate lender specifications must be adhered to.
I used Stirling Law a few years ago for my conveyancing in Willen. I now require my file but the law firm has closed. What do I do?
You should call the Solicitors Regulatory Authority (SRA) to help locate your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Willen of the conveyancing firm of solicitors you previously used, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Willen. Conveyancing is a frightening process 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 conveyancing.
Set out below is a sample of a selection of leasehold new build questions that you can expect your new-build leasehold conveyancing in Willen
-
Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier?
Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?
The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme.
Forfeiture - bankruptcy or liquidation must not apply under this provision.
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.
I decided to have a survey carried out on a house in Willen ahead of retaining conveyancers. I have been informed that there is a flying freehold element to the house. My surveyor advised that some banks will refuse to grant a mortgage on a flying freehold house.
It depends who your proposed lender is. Santander has different requirements for example to Birmingham Midshires. If you call us we can check with the relevant mortgage company. If you lender is happy to lend one our lawyers can help as they are used to dealing with flying freeholds in Willen. Conveyancing will be smoother if you use a solicitor in Willen especially if they are familiar with such properties in Willen.
I need to retain a conveyancing solicitor for sale conveyancing in Willen. I happened to land on a site which appears to be the perfect solution If it is possible to get all formalities done via phone that would be preferable. Do I need to be wary? What are the potential pitfalls?
As usual with these online conveyancers you need to read ALL the small print - did you notice the extra charge for dealing with the mortgage?