Having sold my house in Carmel last December but our buyer keeps e-mailing me complaining that their conveyancer is waiting to hear from mysolicitor. What should have happened following completion?
Following your house sale your solicitor is committed to forward the transfer documentation and all additional paperwork to the purchaser's lawyers. If applicable, your solicitor should also evidence that the legal charge in favour of the lender has been paid off to the purchasers conveyancers. There is unlikely to be post completion requirements just for conveyancing in Carmel.
We are purchasing a detached bungalow in Carmel. Our aim is to an extension at the rear at the house.Will legal due diligence on the property involve checks to ascertain if these alterations are prohibited?
Your property lawyer should check the deeds as conveyancing in Carmel will occasionally reveal restrictions in the title deeds which prevent categories of alterations or need the consent of a 3rd party. Certain additions need local authority planning consent and approval in accordance building regulations. Some locations are designated conservation areas and special planning restrictions apply which often prevent or affect extensions. You should check these issues with a surveyor ahead of any purchase.
I have today made my last payment due on my mortgage with TSB. I assume I don't need a Carmel conveyancer on the TSB panel to discharge the mortgage at the Land Registry. Am I right?
If you have finished paying off your TSB mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the TSB mortgage from the register. TSB, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where TSB has sent the Land Registry the discharge electronically, and
- TSB has instructed the Land Registry to do so
It is unclear whether my bank obliges me to make sure the lease term for the flat is extended prior to the completion date. I have called my Carmel building society branch on a couple of occasions and was told it does not impact the mortgage offer and they would lend. My Carmel conveyancing solicitor - who is on the mortgage company conveyancing panel- called to say that they refuse to lend based on their published requirements. I have no idea who is right.
Your lawyer has to comply with the Council of Mortgage Lenders’ Handbook Part 2 provisions for your lender. Unless your lawyer obtains specific confirmation in writing that the mortgage company 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 mortgage company to contact your lawyer in writing confirming that they will accept the number of years remaining.
I have been told that property searches are the main reason for hinderance in Carmel house deals. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) released determinations of research by MoveWithUs that conveyancing searches do not figure amongst the most frequent causes of hindrances in the conveyancing process. Searches are not likely to be the root cause of holding up conveyancing in Carmel.
Due to the encouragement of my in-laws I had a survey completed on a property in Carmel in advance of appointing lawyers. I have been advised that there is a flying freehold overhang to the property. The surveyor advised that some banks will not give a mortgage on this type of house.
It depends who your proposed lender is. HSBC has different requirements for example to Halifax. Should you wish to call us we can check via the relevant bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Carmel. Conveyancing may be slightly more expensive based on your lender's requirements.
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At this site get a conveyancing quote from a Solicitor or Licensed Conveyancer that appreciates the issues for your conveyancing in Carmel. As opposed to estate agents and brokerage sites we do not charge firms a fee if you choose them for your home move in Carmel