It is is a decade since I bought my house in Winchelsea. Conveyancing lawyers have recently been appointed on the sale but I am unable to locate my title deeds. Will this jeopardise the sale?
Don’t worry too much. First the deeds may be retained by the mortgage company or they could stored with the conveyancers who acted in your purchase. Secondly in most cases the title will be registered at the land registry and you will be able to establish that you are the registered owner by your conveyancing lawyers obtaining up to date copy of the land registers. Nearly all conveyancing in Winchelsea relates to registered property but in the rare situation where your home is unregistered it adds to the complexity but is not insurmountable.
Forgive me if this question is silly but I am unexperienced as a 1st time buyer of a two bedroom flat in Winchelsea. Do I pick up the keys to the premises on the completion date from my conveyancer? If so, I will instruct a High Street conveyancing solicitor in Winchelsea?
On the day of completion you do not need to go to the conveyancers office in Winchelsea. Conveyancing lawyers for you will transfer the purchase money to the seller's solicitors, and once they have received this, you should be called to collect the keys from the property Agents and move into your new home. This tends to happen between 1 and 3pm.
I'm the sole beneficiary of my late grandmother’s will with all property in now in my sole name, including the house in Winchelsea. The Winchelsea property was put into my name in October. I want to move. I do know about the CML six month 'rule', which means that my property ownership will be considered the same way as though I had purchased the house in October. Is the property unsalable for six months?
The CML handbook requires conveyancers to: "report to us immediately if the owner or registered proprietor has been registered for less than six months." Technically you could be affected by that. Most lenders would take a sensible view as this requirement primarily exists to capture subsales or the flipping of properties.
We previously appointed conveyancers locally in Winchelsea on the Barclays solicitor panel. They are now charging me a supplemental fee for the legal aspects of the Barclays mortgage. Is this an additional conveyancing fee set by Barclays?
Provided it is contained in their Terms of Engagement or estimate then yes your conveyancer is entitled to levy a fee for this. The charge is not set by Barclays but by your Winchelsea solicitor. Some firms on the Barclays panel will quote an ‘acting for lender’ fee and others do not.
Due to the advice of my in-laws I had a survey completed on a property in Winchelsea in advance of instructing conveyancers. I have been told that there is a flying freehold overhang to the house. Our surveyor has said that some lenders may refuse to give a loan on a flying freehold house.
It depends who your proposed lender is. Santander has different requirements from Halifax. If you call us we can investigate further with the relevant bank. If you lender is happy to lend one our lawyers can help as they are accustomed to dealing with flying freeholds in Winchelsea. Conveyancing may be slightly more expensive based on your lender's requirements.
Should I be concerned about brokers that I am dealing with are encouraging me to use an internet conveyancing firm rather than a High Street Winchelsea conveyancing company?
As is the case with lots of service providers, often input from relatives can be extremely useful or valuable. Nevertheless there are numerous parties with a keen interest in a conveyancing deal; estate agents, mortgage brokers and mortgage companies might all suggest solicitors to retain. On occasion the lawyers might be known to one of the organisations as being good in their field, but sometimes there may be a commercial relationship behind the recommendation. You are at liberty to select your own lawyer. Don't forget that the majority of lenders specify a panel list of conveyancers you have to use for the mortgage aspect of your transaction.
My mother completed her conveyancing in Winchelsea in 2006. She has got married, widowed and has recently remarried. She now wishes to dispose of the Winchelsea property. I believe she will just be requested to provide a copy of her marriage papers to the conveyancer however she is anxious it will hold up the conveyancing. Should she instruct a conveyancer to update the Land Registry documents for the property?
The is no need to bring up to date the title for the property on the basis that you have the evidence required to show how the change of name occurred.
Any purchaser’s solicitor should review the title details and ask for evidence by way of proof of the name change for instance marriage documentation.