My partner and I are nearing an exchange on a flat in Rossendale and my parents have sent the ten percent deposit to my solicitor. I am now advised that as the deposit has been sent from someone other than me my conveyancing practitioner needs to make a notification to my lender. I am advised that, in also acting for the lender he must advise them that the balance of the purchase price is not just from me. I advised the bank about my parents' contribution when I applied for the mortgage, so is it really necessary for him to raise this?
The conveyancer is obliged to check with mortgage company to ensure that they know that the balance of the purchase price is not from your own resources. Your solicitor can only notify this to your mortgage company if you permit them to, failing which, your lawyer must cease to continue acting.
I am assisting my step-mother sell her flat in Rossendale. Does the conveyancing solicitor arrange the energy performance certificate or should I organise this?
After the demise of HIPs, EPC’s became a mandatory part of selling a property. An EPC needs to be commissioned before the property is placed on the market. It is not a task that solicitors ordinarily arrange. Where you are using a Rossendale conveyancing lawyer they might be able to arrange EPC’s given their contacts with long established local providers
The formalities of my remortgage has taken place for my property in Rossendale. Conveyancing was a necessary evil but I would like to complain about the lender. How does one go about formally complaining?
Most lenders have complaints procedures. Your first point of contact should be one of the lender’s branches or the Customer Services Team at head office. In most cases complaints to a lender are sorted out very quickly. However if you are not satisfied that the matter is not resolved you can write to Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR with full details of your complaint.
It is not clear whether my lender obliges me to make sure the lease term for the flat is extended prior to the completion date. I have telephoned my Rossendale building society branch on numerous occasions and was told they are content with the situation and they will lend. My Rossendale conveyancing solicitor - who is on the bank conveyancing panel- telephoned and was told they will not lend in accordance with their published requirements. Who do I believe?
Provided that the solicitor is on the mortgage company approved list, she or he must comply with the CML Handbook conditions for the lender. Unless your lawyer obtains specific confirmation in writing that the lender 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.
I have a renovated Edwardian property in Rossendale. Conveyancing solicitor acted for me and Accord Mortgages Ltd. I happened to do a free search for it on the Land Registry database and I saw a couple of entries: the first freehold, the second leasehold with the matching address. I thought I was buying a freehold how can I check?
You should review the Freehold register you have again and check the Charges Register as there may be mention of a lease. The best way to be sure that you are also the registered proprietor of the leasehold and freehold title as well is to check (£3). It is not completely unheard of in Rossendale and other locations in the country and poses no real issues for owners other than when they buy they have to account for both freehold and leasehold interests when dealing with lenders. You can also check the situation with your conveyancing lawyer who completed the work.
I am buying a new build apartment in Rossendale. Conveyancing is necessary evil at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Set out below is a sample of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Rossendale
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Where service of notices and proceedings can be at the property demised please confirm that this can be amended to include simultaneous services at the Lessees’ solicitors’ offices where the Lessee from time to time is not resident in the UK - such solicitors may be varied by notice in writing to the Landlord from time to time but otherwise will be as previously specified. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? Will control of the Management Company (if any) be handed over to purchasers on completion of the last sale or earlier? Forfeiture - bankruptcy or liquidation must not apply under this provision. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose?
I decided to have a survey done on a property in Rossendale in advance of appointing conveyancers. I have been told that there is a flying freehold overhang to the property. My surveyor advised that some lenders tend refuse to give a loan on this type of premises.
It depends who your proposed lender is. Santander has different instructions from Nationwide. Should you wish to call us we can check via the relevant mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Rossendale. Conveyancing will be smoother if you use a solicitor in Rossendale especially if they are acquainted with such properties in Rossendale.