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Property solicitor

564 replies

MummytoGeorgie · 24/05/2021 23:03

I'm on maternity and I miss my work!

I'm a property solicitor, if anyone has any questions I would be more than happy to give some free advice to do with conveyancing i.e moving home, enquiries, searches, title documentation etc (no landlord tenant as that's not my area of expertise).

TIA

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areyouhavingagiraffe · 06/06/2021 20:59

Thanks so much. I sent an email to the whole leasehold team on Friday with the same extract (of my lease) and said that I look forward to receiving the Insurance policy and certificate. X

Sugarandbuttersandwich · 06/06/2021 21:00

You are wonderful. Thank you. You have really explained everything clearly and given me the confidence to do this. Again many, many thanks xxx

Badromancer · 06/06/2021 21:09

This reply has been withdrawn

Withdrawn at poster's request

PinguTheLion · 06/06/2021 21:19

@MummytoGeorgie
Congrats on your baby, such a kind thing for you to post on here.

We found out on completion day that the SRA had closed our solicitors down 2 days prior. We only found out because nobody could get hold of him on the phone so i sent him an email and got an automated reply from the SRA.
Thankfully the SRA had allocated us a new solicitors and by sheer luck they managed to complete us that day.
Have you ever heard of that happening before? Apparently the solicitor was stealing money from client's probate accounts, is he likely to face prison for that? (crosses fingers and toes he does after the stress it caused us!) xx

flyingfreehold2021 · 06/06/2021 21:40

@MummytoGeorgie thank you.. fingers crossed something positive happens tomorrow.. hope you had a lovely weekend... x

MummytoGeorgie · 07/06/2021 07:49

@Badromancer morning! So the transfers/conveyances referred to as 'filed' will be held with the land registry. Your solicitor will obtain these for you. If the land registry didn't hold it or it was lost then it wouldn't State on the title deeds that it was filed but in the event of an error and it was lost then the sellers solicitors usually provide the buyers with an indemnity policy for the missing documentation. Xx

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MummytoGeorgie · 07/06/2021 07:50

@PinguTheLion Hey, wow I have never had any experience myself with this I cannot believe it that's absolutely awful sorry you had to go through it!!

Don't know if he would go prison, possibly depending on the amount etc but definitely would get struck off and not be able to practice again!

Xx

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greennailvarnish · 07/06/2021 12:01

@MummytoGeorgie Thank you for doing this thread. It is so kind of you. Can you please advise. My parents have just been given a party wall notice from their neighbours (semi detached house). The neighbours want to do a hip to gable loft extension. My parents do not have a loft extension.
What do we need to do to protect our interests? We don't object to the loft but just want to ensure it is done properly and that the adjoining wall is kept solid and secure.

Do we ask them to appoint a surveyor (and if so, what do they do?) ?

CatAndHisKit · 07/06/2021 19:23

Hi again, OP.
Well it certainly wasn't my agent witholding info - she showed me emails from his solicitors just being 'rude' really, saying she sguldn't pester them daily, pretty much, and then last Friday that they've nothing to add to previous email!
So she had to resort to calling him from a mobile as he was ignoring agent's number. Turns out you were right about him waiting for the revised mortgage offer. Why the heck couldn;t he just say that for the last weeks!
But really my q is, do yo uknow how long would it normally take? It will be 4 weeks (since agreeing) in a couple of days.It's a small reduction so I assume it's just paperwork, he doesn't ned to pursuade them to raise.

MummytoGeorgie · 07/06/2021 19:52

@greennailvarnish hello I hope you are well...the neighbouring property will appoint a surveyor to draft and prepare the party wall agreement. Some people prefer to appoint their own surveyor but this would of course incur fees to your parents. When you get the party wall agreement from the neighbours I would recommend appointing a solicitor to review this for you to ensure that everything is in good order.

The agreement should outline which work is going to be undertaken, include a schedule of regular checks on the condition of your property, contain drawings of the works proposed, have the addresses of both properties on, details of the surveyor and your parents surveyor fee (if app), hours that the builders can work between, time limit for the works to commence and also the contractors public liability insurance details.

If your parents have a mortgage over the property I'd check to see whether you need their consent as some lenders may require this.

:-) have a good rest of the evening xx

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MummytoGeorgie · 07/06/2021 19:55

@CatAndHisKit Hey! Considering the reduction was agreed a few weeks ago I'm surprised they are still waiting on the amended offer and it usually only takes a week or two max and some lenders even fax it the within 48 hours. Worth getting the agent to chase the buyer directly to see if they can also put pressure on their mortgage broker to assist in chasing the amended offer. Depending on what product the buyer has the current offer may no longer be accepted and they may need a new offer entirely just depends on the conditions. I find a lot of buyers half way through conveyancing process decided to change mortgage lender completely as with covid, rates etc are changing so quick at the moment.. that being said I am sure it's just a formality but I would expect it imminently!! Hope it comes through ASAP!

Xxx

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MummytoGeorgie · 07/06/2021 20:05

@CatAndHisKit also, I'd ask the agent to check if the solicitor is ready to proceed subject to receiving the amended offer or what else is outstanding? Although sounds like it's hard to get any update from the other sides solicitors :/ x

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CatAndHisKit · 07/06/2021 20:55

Thanks, OP, sorry when I said 'he' I meant buyer not solicitor (that the agent had to phone him from a mobile) - he told her re bank.
From solicitors the only outstanding thing is the TR form, they kept replying to mine mentioning that it's to come. I meant why the heck couldn't buyer tell us. I do worry that he may have switched to new one as it's taking over 3 weeks - but he did the specialist survey about one issue as bank requeted that but also for himself - that lead to reduction, so do yo uthink he'd bother after all that to switch and go through thesurvey again? i hope not!
Maybe solicitors were slow reapplying and it's actually two weeks, not three...

MummytoGeorgie · 07/06/2021 20:58

@CatAndHisKit it depends, a new product at a different rate could potentially save someone thousands (!!) over the term of the mortgage. But that's just speculation so don't dwell on that. I think the solicitor most likely didn't report the reduction as soon as it was re negotiated. For speed, your solicitor can actually prepare the TR1 form if the buyers solicitors are taking their time and get you to sign it in readiness. Xx

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CatAndHisKit · 07/06/2021 21:18

Ah ok, I thought she said the buyer needs to sign it then they send to us - but maybe I've misunderstood. I think they ay have it ready, waiting for the offer now. Well I'm hoping! thank you.

MummytoGeorgie · 07/06/2021 21:29

@CatAndHisKit you and the buyer sign an identical separate copy. It's usually the buyers solicitors that prepare it (TR1) but the sellers solicitors can to speed matters up. On completion your solicitor will send your signed copy to the buyers solicitors for them to register at the LR on completion. No problem. Take care xx

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flyingfreehold2021 · 07/06/2021 22:01

@MummytoGeorgie hi.. it’s me again :-) I hope you and baby George had a good day! Just to understand the conveyancing time frame, what else will the solicitors need to do, once the replies come back satisfactory? I know that ours will
Have to inform the lender of indemnity policy. I was wondering can he let them know before the rest of the enquiries come back. I just want to understand the work left to do before exchange and completion. Is it weeks amount of work or
A few Hours? Thanks

greennailvarnish · 08/06/2021 00:11

Thank you @MummytoGeorgie so much

greennailvarnish · 08/06/2021 00:12

Do I need to appoint a surveyor too? I am hoping to keep costs down. And I guess the party wall notice is basically insufficient?
@MummytoGeorgie

MummytoGeorgie · 08/06/2021 14:02

@flyingfreehold2021 hey, so your solicitor can report to your lender at this stage rather than waiting for the remaining replies. When the final replies are in to your solicitor, the sellers solicitor only has to send the contract and transfer to the sellers for signing .. thats it. Your solicitor, once all replies are satisfactory will have to wait on the lenders consent and prepare the final property report to send to you with the contract and transfer and mortgage deed for signing and return to them. You will have to provide evidence of source of funds but hopefully you've already done that part. The lender can take a week or so to respond they are taking longer at the moment due to delays with covid etc.

If your solicitor reported to the lender on Monday and got all replies back by Wednesday next week id say by Friday the following week (18th) you should be ready to exchange.

your solicitor has to submit the certificate of title to your lender (can only do so once consent has been received and all replies have been received) to request the mortgage funds and most lenders require a weeks notice to draw down funds so they'd need to submit that by Friday this week ahead for 18th to be achieved xx

George and I are well thank you ☺️ hope you are too and enjoying the sun! X

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MummytoGeorgie · 08/06/2021 14:03

@greennailvarnish hello, you're welcome! You don't have to appoint your own surveyor as the next door neighbour will have one.

The notice is to provide you notice of the works but you'll also need the party wall agreement and I'd get this checked out with a solicitor just to review it to ensure it's all ok x.

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snazzlebee · 08/06/2021 14:35

@MummytoGeorgie - you're a total superstar for doing this!

We have a very pressured situation where the rest of the chain is ready, they're just waiting on us.

We've signed and returned our mortgage deed document. Our solicitor is now waiting on the responses to their search enquiries to arrive from the seller's solicitor.

Aside from using signing the contract and transfer deed and sending our deposit, what else will need to take place between now and exchange?

Is there anything we can provide to the solicitors or offer to do now to speed that process up?

Thanks so much Smile

Badromancer · 08/06/2021 15:57

This reply has been withdrawn

Withdrawn at poster's request

MummytoGeorgie · 08/06/2021 16:57

@Badromancer Hey, you can use the link below to request the office copies and any referred docs (I.e transfers/conveyances):

eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do

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MummytoGeorgie · 08/06/2021 17:00

@snazzlebee Hey! Hope you're well and having a good day!

So assume you have provided evidence of source of funds to your solicitor?

When all the enquiries are satisfied then your solicitor will need to prepare the final property report to you which will have the contract and transfer contained within for you to sign. I'd usually estimate up to 2 weeks max from when the enquiries are satisfied to be In a position to exchange.

Sounds like you're nearly there!

Nothing really you can do to speed things up now as it's just final matters to be undertaken xxx

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