My aunt passed away six months ago and as sole heir and executor I was left the property in Maryport. The house had a small mortgage remaining of approximately £5k. I want to transfer the title deeds into my name whilst I re-mortgage to HSBC, pay off the mortgage. Is this possible?
Given you intend to re-mortgage then HSBC will require that you use a conveyancer on the HSBC 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 HSBC 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 HSBC mortgage is registered as a charge at the Land Registry.
Will my solicitor be raising enquiries regarding flooding during the conveyancing in Maryport.
Flooding is a growing risk for conveyancers dealing with homes in Maryport. There are those who acquire a house in Maryport, fully aware that at some time, it may be flooded. However, leaving to one side the physical damage, where a house is at risk of flooding, it may be difficult to get a mortgage, suitable building insurance, or sell the premises. There are steps that can be taken during the course of a property purchase to forewarn the purchaser.
Solicitors are not best placed to give advice on flood risk, however there are a numerous searches that can be undertaken by the buyer or by their conveyancers which can figure out the risks in Maryport. The conventional set of information given to a purchaser’s lawyer (where the Conveyancing Protocol is adopted) incorporates a standard question of the owner to find out if the premises has historically flooded. In the event that flooding has previously occurred and is not revealed by the seller, then a buyer could issue a legal claim for losses stemming from an inaccurate response. The buyer’s lawyers will also conduct an enviro report. This should indicate if there is any known flood risk. If so, additional investigations should be made.
Have purchased a a semi-detached house in Maryport , how long will it take for the Land Registry to register my ownership? My Maryport conveyancing solicitor works at snail pace, so I want to be certain that my purchase is recorded.
As far as conveyancing in Maryport registration is no quicker or slower than anywhere else in England and Wales. Rather than based on location, timescales can vary subject to who lodges the application, whether there are errors and whether the Land registry have to notify any 3rd persons or bodies. As of today roughly 80% of submission are completed in less than three weeks but occasionally there can be longer hold-ups. Registration takes place once the new owner is living at the premises so 'speed' is not always an essential issue yet if it is urgent that the the registration takes place urgently then you or your solicitor can speak with the land registry and explain the circumstances.
In what way can the Landlord & Tenant Act 1954 affect my business premises in Maryport and how can your lawyers assist?
The particular law that you refer to gives a safeguard to business lessees, giving them the dueness to make a request to court for a new lease and remain in occupation at the end of an expired lease. There are limited grounds where a landlord can refuse a lease renewal and the rules are complex. We are happy to direct you to commercial conveyancing practices who use the act for protection and assist with commercial conveyancing in Maryport
We are in the process of acquiring a property in Maryport. Conveyancing is not complete but we wish to have the amount we are are purchasing for private from sites such as Rightmove. what can I do to make sure this is not noted?
HMLR are legally required to note price sold data on a register of the title for residential properties nationwide including homes in Maryport. The register of ownership is an open document, so HM Land Registry would be breaking the law if they did not grant access to the register.
In essence you can make a request of HM Land Registry to hide the amount paid entry however the response will be in the negative.