My partner and I are purchasing a newly built apartment in Marylebone and my conveyancer is advising me that she has to the bank to reveal incentives from the seller. The Estate Agents are hassling me to exchange contracts and my preference is not to delay matters. Is my lawyer right?
You should not exchange unless you have been advised to do so by your lawyer. A precondition to being on a mortgage company panel is to comply with the UK Finance Lenders’ Handbook provisions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
My aunt passed away six months ago and as sole heir and executor I was left the house in Marylebone. The house had a small mortgage remaining of approximately £4500. I want to have the title changed into my name whilst I re-mortgage to Nationwide, pay off the mortgage. Is this allowed?
Where you intend to refinance then Nationwide will require that you use a conveyancer on the Nationwide 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 Nationwide 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 Nationwide mortgage is registered as a charge at the Land Registry.
I just bought a flat at auction in Marylebone. Conveyancing is required. What happens now?
Now that you have legally bound yourself to purchase you should appoint a conveyancing practitioner quickly as you now have a fast approaching a fixed date to complete the property. An auction property will have a bespoke legal pack. This will include the copy title deeds, local authority and drainage searches. In the case of leasehold premises the legal papers may contain a copy of the lease, management information and a sellers leasehold information form and other conveyancing paperwork pertinent to a leasehold property. You need to give this to your appointed conveyancing solicitor at the earliest opportunity. You also need to ensure that you have funds in place to complete on the on the contractual date .
Is it correct that all Marylebone CQS (Conveyancing Quality Scheme) solicitors are on the Nationwide conveyancing panel?
It is true that some banks and building societies now utilise CQS as the kick off point for Panel approval such as HSBC and Santander. CQS accreditation however gives no guarantee to lender panel acceptance. Nevertheless,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitors wishing to remain on their approved list of firms.
About to purchase house in Marylebone. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Lender if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Barclays conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Marylebone lawyer is on the Barclays conveyancing panel.
We are buying a property and the lawyer has identified Chancel Repair for which the property may be obligated to contribute to given it’s proximity to the area of such a church. She has suggested insurance. Is this strictly appropriate for conveyancing in Marylebone
Unless a previous acquisition of the house completed after 12 October 2013 you could assume that conveyancing practitioners carrying out conveyancing in Marylebone to remain recommending a chancel search and or insurance against a claim.
In my capacity as executor for the will of my father I am disposing of a house in Swansea but live in Marylebone. My lawyer (who is 235 miles awayhas requested that I sign a statutory declaration before completion. Could you suggest a conveyancing practitioner in Marylebone who can witness this legal document for me?
strictly speaking you are not likely to need to have the documents attested by a conveyancing solicitor. Normally or notary public or qualified solicitor will be fine regardless of whether they are Marylebone based