Finally the sale completed on my house in Hockley Heath last August but our buyer keeps whats apping every few hours to moan that his lawyer needs to hear from mine. What are the post completion sale legalities following completion?
After completion of your disposal your solicitor is obliged to send the transfer deeds and all additional paperwork to the purchaser's lawyers. Depending on the transaction, your solicitor must also evidence that the legal charge in favour of the lender has been paid off to the purchasers conveyancers. There are no post completion requirements peculiar conveyancing in Hockley Heath.
My grandfather passed away six months ago and as sole heir and executor I was left the house in Hockley Heath. The house had a small mortgage left on it of around £8000. I want to transfer the title deeds into my name whilst I re-mortgage to Co-operative, pay off the mortgage. Is this allowed?
If you intend to refinance then Co-operative will insist on your using a conveyancer on the Co-operative 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 Co-operative 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 Co-operative mortgage is registered as a charge at the Land Registry.
The estate agent has sent us the confirmation of our purchase of a new build apartment in Hockley Heath. Conveyancing is a frightening process 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 selection of leasehold new build enquiries that you can expect your new-build leasehold conveyancing in Hockley Heath
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The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. There must be mutual enforceability of lessee’s covenants. The Landlord must covenant to assume the management if the Management Company goes into liquidation or otherwise defaults in running the management scheme. Where there is an Undertaking being granted there is the risk of forfeiture of the Headlease subject to relief if one or more of the Underlessees are willing to accept the original Head Lessee’s obligations as otherwise relief will be denied to the Underlessees. The only alternatives are the Head Lessor agreeing not to forfeit the Headlease or the Head Lessee guaranteeing to the Underlessees that it will not be in breach of the Headlease. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company?
I opted to have a survey done on a property in Hockley Heath ahead of retaining lawyers. I have been told that there is a flying freehold aspect to the house. My surveyor advised that some lenders tend refuse to give a mortgage on such a premises.
It varies from the lender to lender. HSBC has different instructions for example to Nationwide. If you call us we can look into this further with the relevant lender. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Hockley Heath. Conveyancing will be smoother if you use a solicitor in Hockley Heath especially if they regularly deal with such properties in Hockley Heath.
Our solicitor in Hockley Heath has discovered a a legal deficiency with the lease for the property we are purchasing in Hockley Heath. The other side have put forward defective title insurance as a solution. We are content with insurance and will cover the costs. Our lawyer has advised that as he is on the lender conveyancing panel he must ensure that the lender is happy with this solution. Are we the client or is the bank?
Just because you have a mortgage offer from the bank does not mean to say that the property will be meet their requirements for the purposes of a mortgage. Your Hockley Heath conveyancing lawyer has to ensure that the lease has to comply with the UK Finance Lenders’ Handbook Requirements. You and the lender are the client. These conveyancing instructions have to be complied with by the lender conveyancing panel who has to balance acting for you and the mortgage company