My uncle passed away 10 months ago and as sole heir and executor I was left the house in Waterloo. The house had a relatively small loan remaining of approximately £8000. I want to transfer the title deeds into my name whilst I re-mortgage to Virgin Money, pay off the mortgage. Is this allowed?
Given you intend to refinance then Virgin Money will require that you use a conveyancer on the Virgin Money 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 Virgin Money 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 Virgin Money mortgage is registered as a charge at the Land Registry.
I have paid off my mortgage with Nationwide. I assume I don't need a Waterloo lawyer on the Nationwide panel to remove the mortgage at the Land Registry. Am I right?
If you have finished paying off your Nationwide mortgage, they may send you evidence showing that you have paid it off. Alternatively they may notify the Land Registry directly. The Land Registry need to see this evidence before they will remove the Nationwide mortgage from the register. Nationwide, and any evidence they send you, will determine the action you need to take. In cases where no conveyancer is acting for you and you have paid off your mortgage:
- but are not moving to another property
- where Nationwide has sent the Land Registry the discharge electronically, and
- Nationwide has instructed the Land Registry to do so
Intending to buy a maisonette in Waterloo. I have received an online quote from a licenced conveyancer, which states: "There will be no charge for dealing with the Building Society if you are obtaining a mortgage". I take this to mean that there will be no additional fee if the solicitor is on the Nationwide conveyancing panel. I wanted to make sure it means there will be no additional fees for dealing with the mortgage.
They are simply saying that the cost for acting for the lender is included in the fee being quoted. It is worth you checking that the Waterloo conveyancer is on the Nationwide conveyancing panel.
Kent Reliance have agreed my mortgage in principle, my offer on a property in Waterloo has been agreed to, now what?
The estate agent will want to know who your solicitors are (ensure that the property lawyers are on the bank’s approved list). Contact Kent Reliance or your financial adviser and complete any outstanding documentation. Kent Reliance will appoint a valuer who will get in touch with the estate agent or vendor to arrange a time for the valuation to take place. Once conducted (assuming no problems) it takes on average ten days for the mortgage offer to be issued. Kent Reliance will issue the offer to you and your lawyers. The transaction will then take it’s course according the nature and complexity of the conveyancing in Waterloo.
Are there restrictive covenants that are commonly identified as part of conveyancing in Waterloo?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Waterloo. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
Given that I will soon spend hundreds of thousands of pounds on a garden flat in Waterloo I would like to talk to a solicitor about myhome move ahead of instructing the firm. Can this be arranged?
This is something that we encourage - we would be pleased to talk to you we do not take any clients on without you first talking to the conveyancer due to be doing your property ownership legalities in Waterloo.There is no ‘factory style conveyancing’ - each client is an important person, not a matter reference. The law firms that we put you in touch with believe that the figure you are calculated and presented to you for your conveyancing in Waterloo should be the figure that you are charged.
I today plan to offer on a house that seems to tick a lot of boxes, at a reasonable price which is making it more attractive. I have just found out that it's a leasehold rather than freehold. I am assuming that there are issues purchasing a leasehold house in Waterloo. Conveyancing solicitors have not yet been instructed. Will my lawyers set out the implications of buying a leasehold house in Waterloo ?
Most houses in Waterloo are freehold and not leasehold. In this scenario it’s worth having a local solicitor used to dealing with such properties who can assist with the conveyancing process. We note that you are buying in Waterloo in which case you should be shopping around for a Waterloo conveyancing practitioner and be sure that they have experience in dealing with leasehold houses. As a matter of priority you will need to check the unexpired lease term. Being a lessee you will not be entirely free to do whatever you want with the house. The lease will likely included provisions such as obtaining the freeholder’spermission to conduct changes to the property. It may be necessary to pay a contribution towards the upkeep of the communal areas where the property is part of an estate. Your conveyancer will report to you on the legal implications.
Waterloo Conveyancing for Leasehold Flats - A selection of Questions you should ask Prior to buying
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It is important to be aware whether window replacement or some other major work is coming up that will be shared between the leaseholders and may well materially increase the the service fees or require a specific invoice. Are any of leasehold owners in dispute over their service charge liability? Are there any major works anticipated that will likely increase the maintenance costs?