While the purchasers’ solicitors are waiting for draft contracts and the other documents relating to the title of the property for sale, the purchasers will normally be making their final arrangements with their lender.
Once the mortgage company has made a decision that it is happy to lend, it will send out a formal mortgage offer will usually send to the purchasers’ solicitor a copy of the offer as well because they will want them to be aware of any special conditions on the offer and to make them know to the purchasers.
Mortgage companies will usually want a purchaser’s solicitors to act on their behalf as well as for the purchaser. This means that the solicitors have a duty to follow both the lender’s and purchaser’s instructions and to make sure that the property does offer good security for the loan. Solicitors acting for the lender, as well as the purchaser, follow strict guidelines published by the Council of Mortgage Lenders.
The Solicitor Acting for Mortgage Lender
In most circumstances, buyers will have their mortgage arrangements in hand before they instruct their solicitors. However, if you do need assistance with arranging your mortgage we can put you in touch with specialised mortgage brokers who will be able to help you.
We are happy to discuss your requirements with you and to advise in general terms on all aspects of the transaction and the estimated legal cost. Please either contact us by telephone or email us at: info@ashworths.co.uk
CALL US:0345 370 1000
FAQs
Conveyancing of a property is a formal term for the paperwork and legalities involved in transferring a property from one party to another, either though buying and selling, or via a rental or leasehold arrangement. A property specialist solicitor’s firm will be able to help with the different aspects of conveyancing.
Residential conveyancing is the name for the legalities and paperwork around buying, selling or renting a domestic dwelling, such as a house or flat, as opposed to commercial offices, retail space or warehousing. A specialist property solicitor will be able to advise on what residential conveyancing services you require, based on your individual circumstances.
There is no single answer to this question as each case will take a different length of time to complete, based on the complexity of the purchase, rental or sale, geographical locations involved and any other issues around surveys, searches and financial arrangements such as mortgages or shared ownership. Your solicitor will be able to advise how long your conveyancing work will take in more detail.
As with any financial decision, it is important to do careful research into potential conveyancing solicitors, including reading reviews, checking that the firm offers the services you require and, above all, trusting your instincts about working with the people involved. To get started, check local business directories, speak to friends and family or contact the Law Society for a list of solicitors in your area.
Purchasing residential property through a company is perfectly possible to do, however, it will require a little more specialist support from a suitable solicitor to ensure that the paperwork is in order. Speak to Ashworths Solicitors to find out how we can help.
In theory, it is perfectly possible to buy or sell a house without the support of a solicitor, and some people are attracted to the chance to save money by ‘going it alone’. However, if you do not have adequate legal knowledge, patience or time to conduct your own conveyancing, it is highly recommended to contact a solicitor to undertake the process on your behalf.
A mortgage is a loan taken out against a property or piece of land to help the buyer have access to enough funds to secure its ownership. The loan is secured against the new acquisition and repayments are made regularly until the mortgage, plus any agreed interest, is paid off. If repayments are not kept up, the mortgage provider can repossess the property in order to get their money back.
When you re-mortgage a property, this means that you take out an additional loan, which is secured against the property, to replace or add to an existing mortgage. The repayment agreements and interest rate can be the same as your existing mortgage, or completely different. These details must be agreed with the re-mortgage provider before the loan is issued to the borrower.
A leasehold property is a building or other assets that are sited on land that is owned by someone else – known as the freeholder. The leaseholder must agree to the freeholder’s terms to ‘rent’ the land on which their property sits, which often involves regular payments and service charges that pay for – or contribute towards – the upkeep of the land.
Shared ownership issues can be complicated to process, so it is highly recommended to engage a solicitor to protect all parties and to spot and resolve as quickly and practically as possible. Choose a specialist property conveyancing solicitor with experience in shared ownership matters, such as Ashworths Solicitors.
We are often asked about Fire Risk Assessments and Asbestos Surveys when we are buying or selling a flat (although the rules largely apply to commercial premises as well). The…
