I am in the throes of transferring my domestic home loan to a BTL The Mortgage Works mortgage. I have been informed by my broker that I must appoint a conveyancer for this. I got in contact with my previous Small Heath conveyancing firm who who conducted the conveyancing when I first purchased the premises. The fee calculation supplied of £470 has surprised me as I am not require purchase conveyancing - it’s simply a bog-standard refinance.

The estimate fees are a little high. If you you were to look around you may be able to reduce the fees slightly by as much as £125. On the other hand, assuming were content with the service the firm gave you maycome to rue choosing an a cheaper lawyer. If is important to ensure that the firm can act for The Mortgage Works. Do make use of our search tool to choose a Small Heath conveyancing firm on the The Mortgage Works approved list of lawyers, which can often include conveyancing solicitors in Small Heath.

My solicitor has identified a a legal deficiency with the lease for the flat we are buying in Small Heath. The seller’s lawyers have suggested defective title insurance as a workaround. We are happy with insurance and will pay for it. Our lawyer says that he must ensure that the lender is content with this solution. Are we the client or is the mortgage company ?

The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the mortgage company are the client. Your property lawyer must comply with the UK Finance Lenders’ Handbook requirements. 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 conveyancer will have no choice but to discontinue acting for you.

It is a dozen years since I purchased my home in Small Heath. Conveyancing lawyers have recently been instructed on the sale but I can't track down the title deeds. Is this a problem?

Don’t worry too much. First the deeds may be with your mortgage company or they could still be with the solicitor who oversaw the purchase. Secondly the likelihood is that the property will be registered at the land registry and you will be able to prove you are the registered owner by your conveyancing lawyers acquiring up to date copy of the land registers. Most conveyancing in Small Heath relates to registered property but in the rare situation where your property is unregistered it is more of a problem but is not insurmountable.

My grandmother passed away six months ago and as sole heir and executor I was left the property in Small Heath. The house had a small mortgage left on it of around £8000. I want to have the title changed into my name whilst I re-mortgage to Santander, pay off the mortgage. Is this allowed?

If you intend to re-mortgage then Santander will require that you use a conveyancer on the Santander 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 Santander 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 Santander mortgage is registered as a charge at the Land Registry.

Just had an offer accepted on a new build flat in Small Heath. Conveyancing is daunting 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 may expect your new-build leasehold conveyancing in Small Heath

The Vendor must covenant to keep unoccupied units in good repair until long leases are granted therefore. Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. 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. There must be mutual enforceability of lessee’s covenants. Has the Lease plan been approved by the Land Registry and if not when will they be lodged for this purpose?