Our conveyancer has uncovered a a problem with the lease for the property we are buying in St Annes. The seller’s lawyers have put forward title insurance as a workaround. We are happy with insurance and will pay for it. Our conveyancing practitioner has advised that he must ensure that the lender is willing to move forward with this solution. Who is the client here, us or the bank?
The short answer to your last question is that, notwithstanding the risk of a conflict of interest, you and the bank are the client. Your property lawyer must comply with the UK Finance Lenders’ Handbook provisions. 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 property lawyer will have no choice but to discontinue acting for you.
My aunt passed away last year and as sole heir and executor I was left the house in St Annes. The house had a small mortgage remaining of approximately £8000. I want to transfer the title deeds into my name whilst I re-mortgage to Aldermore, pay off the mortgage. Is this allowed?
If you intend to refinance then Aldermore will require that you use a conveyancer on the Aldermore 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 Aldermore 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 Aldermore mortgage is registered as a charge at the Land Registry.
I am looking for a flat up to £245,000 and found one round the corner in St Annes I like with a park and railway links in the vicinity, the downside is that it's only got 52 years unexpired on the lease. I can't really find anything else in St Annes for this price, so just wondered if I would be making a mistake purchasing a lease with such few years left?
Should you require a home loan that many years will likely be a potential deal breaker. Discount the price by the expected lease extension will cost if it has not already been discounted. If the existing proprietor has owned the property for a minimum of 2 years you can request that they start the process of the extension and then assign it to you. You can add 90 years to the current lease term and have £0 ground rent by law. You should speak to your conveyancing lawyer concerning this matter.
I have been advised by numerous property agents in St Annes to select a property lawyer on your site. What’s the financial advantage for Estate Agents to promote your services over alternative conveyancing organisations?
We refuse to give any commission for sending work our way. We thought it would be too underhand a fee as home movers will think, ‘Why is the agent getting a kickback? Why am I not getting any benefit too?’ So we decided to step away from that.
What type of premises does your St Annes conveyancing quotes apply to?
Our conveyancing quotes are only appropriate to standard domestic premises in England & Wales. Where you have any different requirements for example industrial or agricultural land or commercial conveyancing in St Annes please contact us to discuss this further .