My uncle passed away last year and as sole heir and executor I was left the property in Hackney Wick. The house had a relatively small loan remaining of approximately £4500. I want to transfer the title deeds into my name whilst I re-mortgage to Bank of Ireland, pay off the mortgage. Is this allowed?
Given you plan to re-mortgage then Bank of Ireland will insist on your using a conveyancer on the Bank of Ireland 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 Bank of Ireland 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 Bank of Ireland mortgage is registered as a charge at the Land Registry.
Various web forums that I have come across warn that are the number one cause of delay in Hackney Wick house deals. Is there any truth in this?
The Council of Property Search Organisations (CoPSO) published conclusions of a review by MoveWithUs that conveyancing searches do not feature amongst the common causes of delays during the legal transfer of property. Searches are unlikely to feature in any delay in conveyancing in Hackney Wick.
How does conveyancing in Hackney Wick differ for new build properties?
Most buyers of new build property in Hackney Wick come to us having been asked by the builder to sign contracts and commit to the purchase even before the residence is constructed. This is because builders in Hackney Wick usually buy the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct property lawyers as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are used to new build conveyancing in Hackney Wick or who has acted in the same development.
Should I be concerned by estate agents that I am dealing with are encouraging me to use an internet conveyancing firm rather than a local Hackney Wick conveyancing company?
As with many service providers, often referrals from connections can be extremely useful or valuable. Nevertheless there are numerous players in a conveyancing transaction; estate agents, financial adviser and lenders may recommend lawyers to use. Sometimes these solicitors might be known to one of the organisations as being good in their field, but sometimes there exists a commercial relationship behind the endorsement. You have the right to appoint your own lawyer. You need to be aware that most banks specify a panel list of conveyancers you must use for the lender related work in your home move.
I’m about to sell my ground floor flat in Hackney Wick. Conveyancing solicitors are to be appointed soon, however I have recently had a yearly service charge invoice – should I leave it to the buyer to sort out?
It best that you discharge the maintenance contribution as usual as all ground rent and service invoices should be apportioned on completion, so you should recover the relevant percentage by the purchaser for the period running from after the completion date to the subsequent invoice date. Most management companies will not acknowledge the buyer until the service charges have been paid and are up to date, so it is important for both buyer and seller for the seller to show that they are up to date. Having a clear account will assist your cause and will leave you no worse off financially.
I am the registered owner of a garden flat in Hackney Wick. Given that I can not reach agreement with the freeholder, can the Leasehold valuation Tribunal determine the amount due for a lease extension?
Most definitely. We are happy to put you in touch with a Hackney Wick conveyancing firm who can help.
An example of a Freehold Enfranchisement matter before the tribunal for a Hackney Wick property is 12 Nutfield Road in July 2014. the Tribunal judged that the price to be paid by the applicants for the freehold interest should be £19,572 This case was in relation to 2 flats. The unexpired lease term was 72.02 years.