Whether you're a layman looking to understand your own transaction or a lawyer needing assistance with a client's conveyancing our step by step sale and purchase guides will lead you through the process while our mini guides will break the whole thing into manageable chunks and give a deep insight into the key issues and stages. Leasehold, freehold, unregistered, registered – we've got it all covered.
Need help with a remortgage or transfer of equity / deed of gift? Our guides will walk you through the process and highlight some of the common pitfalls. Mortgages and transfers can be very simple procedures but complex issues can sometimes arise and mistakes are easily made. These guides will help you deal with them.
So you want to have a go at your own conveyancing? First you should read about the risks, then if you're still happy to proceed, our guides will take you through each stage of the process telling you what to look out for and helping you avoid falling into expensive traps. Our subscription service will give you access to all of the documents you should need for your conveyancing and we can even supply you with the Land Registry Official Copies you'll need. Our general guides will cover all the obstacles you are likely to face and offer a practical solution. Have a look at our sale and purchase guides too.
A big part of the conveyancing process is the conveyancing searches. This section tells you all about them. What they are, how and when to order them and how to interpret the results. Each search has its own guide and you'll see they are separated into Standard (should be done in every case), Regional (area specific) and Optional (not essential but often useful tools for the would be purchaser). All buyers should beware that when you buy a property, the law assumes that you have seen the information that would have been revealed by searches whether or not you have actually carried them out, so you buy the property subject to the results.
Using a conveyancer to handle your conveyancing will greatly reduce the risk to you and sometimes, particularly if you are taking out a new mortgage, you will have no choice but to instruct a conveyancer. The good news is it doesn't have to break the bank. Get a free, instant quote here. We can also help with quick easy quotes for other moving related services.
Are you looking for the documents you'll need for your conveyancing transaction? Or official copies of the title or other documents from Land Registry. We can help you. Follow the links below.
I am seeking to switch mortgage lender. My parents have a 2nd charge on the house, and the new lender's legal team have prepared a deed of postponement for my parents to sign, so that the mortgage lender's charge has priority of theirs. In addition to signing a consent form for this, the legal team are requesting that my parents each complete the ID1 certificate of identity as well, which seems an unnecessary inconvenience (my parents live in quite an isolated place, and are unwell, and this is quite a difficult thing for them to get done). According to the Land Registry site, it would appear that ID1 is only necessary for the registration of charges. My parents' charge is already registered - this is just a deed of postponement. The new charge to be registered is by the mortgage lender, so surely the new ID to be proved is theirs? Also, I may wish to change mortgage lenders again in the future (to get better rates), and having to do this each time would be difficult. Any advice on this would be gratefully received.
Thanks for your question. I'm afraid I have to agree with the lender's solicitors. They will need to submit form AP1 to register the new charge and postponement. On that form they will need to confirm one of 3 things: 1. That your parents are represented by a solicitor, in which case they will need to enter the solicitor's details or 2. That sufficient steps have been taken to verify their identity (which they cannot do because they do not act for your parents) or 3. That evidence of identity, in the form of an ID1 form for each of them, is enclosed. I realise that the list of applications caught by the requirements does not mention postponement but not is this mentioned in the list of exceptions. The Land Registry might argue that postponement is covered by "release/discharge of charge" because in effect your parents' charge is to be removed albeit it temporarily and re-registered after the new mortgage. The ID requirements are an anti-fraud measure therefore any transaction has the potential to defraud anyone with a financial interest in the property should be caught by the provisions. Although it may not be so in this particular case, a person might for example replace the existing first mortgage with one for a substantially higher amount thus reducing the value of the second charge (by reducing the equity available to settle it).
I'm sure this isn't what you want to hear but I hope it helps.
The solicitors are correct. Once the current first mortgage is repaid your parents are entitled to hold the 1st charge. That's why the deed of postponement is needed and the ID1 is to ensure that an imposter is not fraudulently signing the documents so as to deprive them of the 1st charge.