Property solicitor

[MummytoGeorgie]

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

@Badromancer hello! Hope you are well.

I wouldn't know where they are in the process as it could be everything is ready except they were waiting on the mortgage and providing nothing has to be reported to the buyers lender to obtain their written consent for anything then the end of June may still be feasible if the solicitor works fast!!

Most lenders require 5-7 working days notice for funds to be drawn down and most solicitors won't submit the request to draw down mortgage funds until all enquiries have been dealt with and by your comment, it appears there are enquiries are outstanding.

I would ensure you speak to the agent tomorrow and be on your solicitors case to answer all remaining enquiries.

You also need to be aware that most solicitors won't report to their clients with all documentation to sign until such time as all enquiries are dealt with as this forms part of the report so it could be possible the buyers solicitor still has to do this. They'd still have to sign the mortgage deed which comes with the offer and get this back to their solicitor too.

It should be apparent by tomorrow whether it's going to complete on 30th but you need to chase this hourly tomorrow morning to see if it's going to proceed for 30th as it's only 5 working days away!

Good luck! Xx

Thank you! You certainly deserve a big bunch of flowers for all the help you’re providing to us all!

@Subbaxeo 💐💐💐💐😆 thanks 😊🥰

Thanks @MummytoGeorgie, you are doing a selfless thing helping people here. There is now some concern that the SAM property is part of a class action again the lender due in court in October, I honestly can’t take much more. Have you come across many that are part of the class action? Xx

We exchanged and completed today! Thank you for your help!

@Gettingonabitnow oh no! That's awful. I haven't personally come across this but would expect there to be significant delays because of this. Probably wouldn't get sorted until the court proceedings have finished :-( xx

@Subbaxeo Whoo hoo congratulations 🥳 xxx

This is amazing, thank you for starting this! And I hope you're enjoying being off 🙂 I was just wondering how often to chase solicitor? We put our offer in back in Feb, and instructed solicitor in first week of March. We were pushing to exchange before 14th June as we are in rented and need to give notice. Obviously we missed that deadline! As far as I know, 6 enquiries are outstanding and solicitor was just going through proof of funds. I sent documents over last Friday (the 3rd lot of documents I've sent as more kept being requested) but still haven't had an update on that. We now want to complete by 9th July but that's starting to feel like we won't achieve it. I rang yesterday and an assistant said the file was under review, but that's the standard answer i get everytime 😳

@Hatepickinganame hey! Hope you're ok! You can chase them as often as you feel fit, but considering completion is desired for 9th july I'd be chasing them daily!

Most solicitors are under a lot of pressure at the moment due to the stamp duty changes at the end of June which is probably why you're experiencing delays.

Xx

Thanks for posting. My mum's partner died a few months ago and they owned their house as tenants in common (70/30 split). There is a will leaving my mum's partner's share to his family. My mum wants to sell - does probate need to be completed before she sells or can the share of the property be transferred according to her partners wishes and sold without probate?

@dancinginpurplerain hey! sorry to hear about your mums partner... probate will need to be obtained prior to completion of the sale xx

@MummytoGeorgie Thank you. Will pass on to my mum. Hoping probate won't hold things up.

You're incredible to be helping OP thank you!

I had a question but understand if you can't help as it's not strictly buying/selling.

A family member has inherited a property, probate is in process. She intends to transfer the property to my name.

This property is not registered as such, as it hasn't been bought/sold since 1960. The original deeds are with a solicitor.

Will the property become automatically 'registered' when the name transfer is completed post probate or will this be something I'll need to do? I understand it can cost a lot of money and time.

Thanks for any help you might be able to give!

@MummytoGeorgie Hi, congratulations on your new baby! You're so kind to do this.
Please forgive my naïveté here - I'm a long term renter!

My (fit & healthy) elderly mother owns her home outright since my Dad passed away and is currently insisting on talking about her Will with myself and my brother.
He is unmarried (also a renter) and has an adult child. I'm also unmarried but with a young child.

What I'm wanting to know is (and it might sound shockingly naïve that I don't already know this!) how exactly would the house be inherited by all 4 of us? Would we all become joint owners? How does that work? What on earth do we do then?!
If one of us wants to live in the house, it's unfair on the others but I really can't see any of us wanting to sell the house 🤷🏼‍♀️

Obviously it goes without saying that I'm hoping my mother will live to see my DD become an adult but I'm realistic and know that may not be the case. So how would any percentage of ownership of the house be inherited by a minor? Can that happen?

I don't feel emotionally able to discuss the details of this with my Mum and to ask her how it would work. I just can't...

Personally, I'd rather any inheritance due to me, went to my daughter for an abundance of very good reasons I won't bore you with (though I'm happy to share if asked), but my Mum's having none of it as she wants me to benefit as much as my brother will. So I'd have to transfer any of my share of the house to my daughter in the future.

Crikey - writing that all down has made me realise that we'll probably need to see a financial advisor when the time comes 🤦🏼‍♀️ Feel free to roll your eyes! 😂

Anyway, any advice at all would be very gratefully received! Thank you so so much

@PlanningNewbie hello, ah thank you! :-)

When your family member appoints a solicitor
To deal with the transfer into your name they will have to deal with the first registration at the same time as this is a legal requirement. As long as all the deeds are in order then it shouldn't cause a delay to complete, only a longer period for the land registry (post completion) to deal with the registration to provide you with the updated title deeds showing you as the new proprietor.

If you're doing it as part of the transfer I wouldn't expect it to be more than £300+vat for the first registration aspect only.

Xx

@PerciphonePuma

Hello, I hope you are well and thank you, you're more than welcome.

Understandably when a loved one, especially your mum, starts discussing their will it is distressing and can cause upset but trust me, it is much better to sort out these issues at this time when she is able. Especially as there appears to be a few beneficiaries; I used to do wills and probate and so many times ive seen it where it hasn't been sorted and it can cause family arguments and rifts that last a lifetime so it's definitely wise to try and deal with it now so you can then put it to bed and forget about it.

In your mums Will, she would have to state that she wants the property to be passed to all 4 of you jointly. So you will all hold a 25% share of the property upon her death.

You could either rent it out and split the income or If one of your brothers/sisters (other beneficiaries) want to live in the property then they may be able to put in place a mortgage over the property to buy the other 3 owners out.
Failing that, you would have to sell it and split the proceeds 4 ways. For example, if one wanted to sell but the other 3 didn't, then the one person who did could issue court proceedings to force the sale which would highly unlikely be refused.

A minor cannot own a property. You can hold it held on trust for her (the 25% share) but if your mum wants you to benefit it's best to leave it to you then when you do have it, you can decide on what you want to do with that.

There is definitely a lot to think about, it might be a good idea for the 4 beneficiaries to have a chat together in person all of you to discuss, in the event that this was to happen and left to all 4 of you, what they would want to do.

When you have your share, you can always open up an account for your daughter and put the funds there so that she can benefit when she comes of age.

I do hope that helps in some way, I know it's not easy but as I say, much better to deal with it now rather than later.

Like you say, your mum is fit and healthy so I'm sure this won't happen for a good long while! Sending hugs xxx

[quote MummytoGeorgie]@PlanningNewbie hello, ah thank you! :-)

When your family member appoints a solicitor
To deal with the transfer into your name they will have to deal with the first registration at the same time as this is a legal requirement. As long as all the deeds are in order then it shouldn't cause a delay to complete, only a longer period for the land registry (post completion) to deal with the registration to provide you with the updated title deeds showing you as the new proprietor.

If you're doing it as part of the transfer I wouldn't expect it to be more than £300+vat for the first registration aspect only.

Xx[/quote]
That's incredibly helpful and a big weight lifted just knowing that info, thank you so much! X

I thought it was all going so well.

But I’m back!

Buyers solicitor wants indemnity policies for the fact the conservatory was built over sewers (?) and also that there are covenants about how the property can be extended. This is looking like an extra £420!!

I assume I’ll have to just put up and shut up on this? Where do I stand with the fact our solicitors didn’t note this when we purchased the property?! The conservatory hasn’t moved since then 🤣🤣

Oh and @MummytoGeorgie does the water transfer thing in October 2011 help me at all?! That’s what google has led me to 🤣🙈

@Newhousehope hey, oh dear, sorry to read this! Well, you can go back to your solicitors that acted for you when you purchased the property and see if they will fit the bill but no doubt that will take time.

Or you could say that you aren't paying it all but you will meet 50% of the cost.

Or you can refuse and say that if they require it they can obtain the same at their own expense.

Each solicitors use different companies to provide indemnity policies but id do your own research into getting a cheaper policy and putting that in front of your solicitor as they can vary quite a lot with each company.

How old is the conservatory ?

Xx

@MummytoGeorgie at least 17 years old. We’ve been here 15 years and it was here when the previous owner bought it.

@Newhousehope Yes, indemnity would be required but I'd definitely propose splitting the cost or one of the other options in my previous response xx

PLEASE PLEASE ADVISE ME. IM SO HOPING TO GET A REPLY 🙏🙏Just over a year ago my children's dad left me for another women and left me to pay for our mortgage and 2 children.
I have paid the mortgage now out of my own account for just over a year. I haven't been able to apply for the mortgage on my own yet due to being on and off furlough with Covid this year. But I now have a 22hour a week contract behind a bar as of next week as well as a year contracted supply teacher for 1 and a half days starting September. These 2 jobs combined, I will take home on average £1500-£1600 a month as with supply I don't get paid through school holidays.
I have been speaking with my personal mortgage broker since the split with my ex, who will be writing to the underwriter at the end of the month explaining my circumstances and building up a good case for me after I have worked for 4 weeks to apply for the mortgage on my own.

We bought the house for £158,00 in 2017
It is now worth £175,000
Remaining balance on mortgage is £135,000
We hold the property as tenants in common me 80% and my ex holds 20%
40 grand in house to split so I would need to buy him out £8000 but he has said he is happy to accept £6000.
What are the chances of being accepted by the underwriter to have the mortgage in my sole name?
I have no credit cards,
No debts,
Experian report is 999
Savings of £4,500
Paying mortgage for 13 months on my own,
I also put down £16,000 deposit for the house.
Can someone help me with what my chances are? Thankyou so much X

[quote MummytoGeorgie]@Newhousehope Yes, indemnity would be required but I'd definitely propose splitting the cost or one of the other options in my previous response xx [/quote]
I went back and offered 50% in the interest of keeping things moving!
Thanks again @MummytoGeorgie

@Tinkerbellanne hello, I hope you're well.

You will need to speak to a mortgage advisor as I don't deal with mortgages but I know that most mortgage lenders will lend up to 4.5 x your annual salary as a maximum.

I know that they'll look at your employment ongoing if you're on a contract it might be more difficult but I'm no expert on mortgages so definitely refer to your broker.

Good luck xxx