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.
Mortgage was held in three names; property was remortgaged into one name removing two names from the mortgage; mortgage completed; 3% stamp duty paid as ownership change equalled a purchase; lender’s conveyancer did not inform Land Registry / submit TR1 application before deadline so property still held in three names; mortgage now held in one name.
is this a big problem?
who is liable?
what happens if previous two who were party to mortgage refuse to resign TR1?
would stamp duty be refunded as no ownership changed?
thanks for any help.
Did the mortgage company use their own solicitors or did you pay for your own? the new charge (mortgage) should have been registered when the original one was redeemed. the solicitor acting for the lender should have done this. how long ago was it? The TR1 should have been executed by all parties prior to completion of the transaction.
Thank you for your response.
The Mortgage company used their own solicitor and due to general incompetence on their part, they have failed to register the YR1 with the Land Registry.
The property is now still owned by the original three parties (myself and two others) but the mortgage is in my name only.
Do you know if the 3% stamp duty paid would be refunded now that there has been no change of ownership / purchase?
Does this leave the mortgage company exposed from a risk perspective, given they appear to now only own 33% of the property with the two owners that haven’t been removed still having ownership of the property?
I’m rather confused as to liability and / or the risk involved to myself or the other two owners.
Thanks again.