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

Thank you for at least replying to me!!! All the best xx

[quote MummytoGeorgie]@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]
Thank you so so much!

I will Google what a Trust is and speak to my auntie about it all. She's an ex-financial.....something.

Thanks again!!

UPDATE!!!! just wanted to let you know that today I got accepted for my own mortgage in my name without my ex on. For everyone that said it isn't possible even the underwriters in this thread it most definitely is!!! Have faith and preserve.. I did it!!! It took me 14 months but I did it. Will be in my name by September x

Hi @MummytoGeorgie thanks again for your advice to me a while back.

I managed to complete yesterday and avoid extra SDLT, yay!

I'm so grateful to my solicitor and I'd like to send her something to say thanks. Sorry this isn't a conveyancing question but here goes: what can you accept under SRA rules and what would you recommend for a solicitor who isn't near their office and is working exclusively from home?!

@Tinkerbellanne that’s amazing!! Well done you 🥳

@Tinkerbellanne congrats! That's great news xx

@ilovewinterpansies hey! Hope you're well... Maybe a marks and Spencer's voucher or John Lewis - that's what I received on a few occasions (think they're called e-gifts) when working from home through lockdown. Bit hard to send flowers or chocolates etc if not in the office!

Congrats on completing :-))))))

Xxx

@MummytoGeorgie, me again. You know, the annoying person asking about the loft conversion.
Okay so little update, Sellers saying the work was done in 1986, and they have sent copies of the responses they received from the Seller when they bought the house 6 yrs ago, stating 1986 again.
Agent asked me to call Seller, and we had a long chat about the issues, and I explained that apart from the fact it is advertised as a bedroom, there are changes with need BR approval. I plan to use it as a habitable space (not storage for my xmas tree etc), and my offer is based on me being able to safely use the space. They have said they are going to contact Council wrt a Regularisation Cert. Seems to be some confusion as people keep saying "it is not a bedroom", but my understanding is that a loft is either habitable or storage....and this is clearly habitable.
So the Sellers are going to see what they can do, although this may take a while. But I guess alternative is for me to reduce my offer....
My Solicitor has now said that given the length of time which has passed (from when the works took place), he doesn't feel it is much of an issue, but when I come to sell if I get a shit hot solicitor, they could make a fuss, and then bring me down on price.
Can I ask, is this a common issue? To clairfy the loft area is not advertised as a bedroom, just "handy loft area". Does it need to be reported to Lender etc? Again seems grey area.

That is meant to say "apart from the fact it is NOT advertised as a bedroom"

Hello, I have a question that I would like some advice on please.
I have received lots of questions from my buyers conveyancer! There's one that I don't know how to reply to - they are requesting the council documents for permission for our dropped kerb. It was already there when we bought the property 20 years ago & our conveyancer at the time didn't question it.
I can't see anything on our local council website ie a register of dropped kerbs.
Does such a thing exist?
Thank you!

@areyouhavingagiraffe hey! Hope you're well.

Firstly, the loft shouldn't be advertised as a bedroom because it's not habitable by what you've said previously.

Secondly, your solicitor is correct in that its not an issue due to the fact it was done in 1986 but like they say, you may have issues when you come to sell the property.

Depending on the lenders valuation it may need to be referred to the lender.

Your survey may in fact reveal further details once undertaken about the structure of the loft room.

Obtaining a regularisation certificate can take weeks if not longer so just bear that in mind.

This type of issue I have seen over the years but I wouldn't say it's common.

Hope the council issue the certificate ASAP ! If they refuse as x,y,z needs to be done at least you know where you'll stand xx

@Back2Black hello, I hope you're well. I would simply say that the kerb has been in place well over 20 years and you hold no further information. This should satisfy the buyers solicitors.

If the kerb wasn't in place upon construction of the property then you need to obtain a 'cross over agreement' with the council.

Do all the other properties have dropped Kerbs in the street? If so, it's most likely that it was put in place upon construction but given the time passed I would just advise them accordingly.

Xx

@areyouhavingagiraffe I have experience with this- years ago there were lots of lofts developed as storage but looked like rooms, passed BC etc as storage only but clearly with fixed stairs. Now in last 7- 10 years BC do not allow these storage non habitable “rooms” as they may By their look of a room encourage someone to use as a bedroom. In your case the house is not advertised as a bedroom? Therefore not valued as a bedroom in the price of the house . You are getting an extra “ room” for the price you are paying . if you intend to use it as habitable for an office/ bedroom and are uncomfortable that it’s not a BC habitable room then it’s not the house for you.

In the last ten years BC have not permitted the new development of these “ storage rooms” so if brought to the attention of the council the sellers will have likely only two options.. rip it out and revert back to storage- removal of all ceilings, flooring, etc and get it regularised as storage. It will be a open rafter space. They may be allowed to keep the fixed stairs. Second option is to do the work to bring it up to a fourth bedroom- this could cost 10kplus depending on the requirements based on BC. However they will unlikely do that ( and if they did then resell as a 4 bed later down the line) .you could take an understanding with council that you will do the work once you buy and then you have a 4 bed to sell on- you put the money in and then you gain this back when you sell.
I have seen this scenario several times so please do not naively call building control / or sellers call up or apply to regularise as a bedroom as once they are aware they could insist it is either brought up to standards or ripped out. Many people think that if it’s been done more than 10 years then BC won’t take notice- true but if they are made aware or an application is lodged to regularised they certainly can and regardless of time passed can still insist on option a/b. Don’t put in a regularisation application or encourage your sellers to unless you are happy that these will likely be your two options!
There are many many houses in this situation that have non habitable loft “rooms”. Up to you whether you feel happy with this but you are not paying for a bedroom so sellers can just say take it for that it is or walk away.
Things to ask if you want to know the safety of the space- have joists been reinforced? Insulation levels? Can a fire brigade get direct ladder access from the ground to the window ( assuming there is a window) in event of fire. If not already done so wired in smoke alarms required.

In terms of selling on - don’t include photo of it in advert, state it’s storage only not a bedroom. House Not priced with it included as a bedroom etc .
Mortgage lender - as long as it’s not included in the bedroom count on the valuation then shouldn’t matter.
House insurance- could invalidate your insurance if you used as a habitable room so check policy.
Feel free to message me directly if you have any questions.

@Panda2021 👏👏👏☺️

Thank you so much for replying, it's very much appreciated!
All the other properties on the street have dropped kerbs so I'll assume thay have been there since the built.
Thank you again & I hope you enjoy the rest of your maternity leave!

[quote MummytoGeorgie]@Gettingonabitnow hey, so sorry to read this! It really does depend on the lender, what with covid at the moment everyone is experiencing delays and have a backlog to work through.. if they have to get a valuer round to the property then that could take a week or two to arrange in itself. Generally these things are noted at the outset (sellers solicitors at fault if it wasn't as they should have picked this up) and that's why it doesn't pose a delay but as it's only just been found inevitably there will be a delay now. The only way you can get a timescale is if the sellers solicitors can obtain one and provide one to your solicitor :-( x[/quote]
@MummytoGeorgie thanks for your advice so far about the SAM at the top of our chain. We’ve found out it isn’t part of the class action and the valuer went to value it Monday just gone. We are now with family and I have a four hour daily commute to drop the kids at school etc 👍🏻 🤦‍♀️. Is it literally now just a case of the lender producing a redemption statement and the family of the deceased ok’ing it do you know please? I’m so stressed, I’m beside myself honestly xx

@Gettingonabitnow Hey hope you're ok! Sounds awful what you are going through, bless you! I'm sure now the valuation has been undertaken it won't be much longer. Your solicitor should be chasing the sellers solicitors daily- they should be able to get an estimated timescale from the lender now this has been done! I do hope it's quick for you and wouldn't expect it to take longer than a week ! Xx

Thank you @MummytoGeorgie, you are a kind person! The solicitor who is facing the lender says ‘he has no way of chasing them’. So he is the blockade really. He’s started sending really blunt ‘lll update you when I know more’ emails to the rest of the chain. I actually work for a law firm myself but still can’t judge how firm to be with all this! X

@Gettingonabitnow perhaps speak to the agent who can talk to the seller directly to see if they can chase. You can always put an ultimatum forward and say you require an update by close of business I.e tomorrow or you'll have no other alternative that to look at other properties which I'm sure they won't want you to do! Hope you get an update and I also hope it's not much longer for you, I don't expect it will be xx

[quote MummytoGeorgie]@Gettingonabitnow perhaps speak to the agent who can talk to the seller directly to see if they can chase. You can always put an ultimatum forward and say you require an update by close of business I.e tomorrow or you'll have no other alternative that to look at other properties which I'm sure they won't want you to do! Hope you get an update and I also hope it's not much longer for you, I don't expect it will be xx[/quote]
Hey @MummytoGeorgie. I’m getting patronising responses from all parties 🤦‍♀️. As a solicitor, how do you contact the lenders for something like this, can you physically pick up a phone to chase or is it all done through a portal please? The EA is refusing to ask the solicitor at the top to chase the lender for a timeframe as he says solicitors can’t chase them. Give me strength honestly xx

@Gettingonabitnow how annoying!! It is as simple as picking up the telephone and speaking to their redemption department! Ring the agent back and be firm, you need them to chase and the solicitors CAN chase lenders by telephone they're just being lazy!! X

@MummytoGeorgie thanks! Where has my confidence gone, why am I so afraid of them! 😂

@Gettingonabitnow oh don't feel like that. Be strong and don't take any crap you need an update and you need it now or you'll review your position. Simple. Don't be afraid most of them are bullies from my experience to clients and it's a joke but stand your corner be on their case every couple of hours become a headache to them and they'll soon give you what you want!! It's awful but that's just how it works in these situations I'm afraid :-( good luck xxx

@MummytoGeorgie Hi Mummy, hope you and your little one are doing well
My solicitor has reviewed my mortgage offer and said the building insurance should note the lender's interest. This is a leasehold flat and the freeholder arranges building insurance, so how can I add them in? Her exact wording is as below:
"It is a condition of the mortgage that the property is insured from
exchange of Contracts, and in that regard I would be grateful if you
could please provide me with a copy of the Insurance Schedule and
Policy prior to exchange. The Lenders interest needs to be noted on
any policy... On the basis this a leasehold property the building insurance in this instance is arranged by the landlord/freeholder"

Also, I have received the Homebuyer report for the property. Should I forward it to my solicitor?

Thank you so much!

@MummytoGeorgie Eh, please ignore my previous message. I spoke with my solicitor and she confirmed it's only relevant if I have to arrange the building insurance myself